*Well, kind of. One of them is paying.
This is the latest update in our series about ongoing issues at the Port of Benton: https://tumbleweird.org/topic/port-of-benton
On July 2nd, the Washington State Supreme Court delivered their judgement on whether the recall of the Port of Benton’s commissioners can go forward.
Now supporters will have 60 days to gather signatures to put the recall on the ballot. (See the press release from Citizens for a Better Port at the bottom of this article.)
In our last article, we reported on the City of Richland (COR) shutting off the utilities for private airplane hangar tenants at the Port that had illicit water and sewer connections. In the course of researching that article, Tumbleweird asked the city to release communications with the tenants regarding these illicit connections. The COR responded on June 23:
During our conversation, you clarified that you seek emails and text messages between City staff and owners or tenants of hangars identified as having unpermitted water connections. Emails and text messages related to later discovered unpermitted work inside hangars, if any exist, will be provided under public records request no. [redacted].
A diligent search was conducted of the City’s text message archiver for messages between City staff and hangar owners/tenants related to illicit water connections; no responsive records were located.
The hanger tenants that had illicit connections did not reach out to city staff via text messages. There were, however, a number of email exchanges that we received as a result of public records requests. Over the past year, as the COR continued to send letters to tenants reminding them to complete the required permitting or fix the issues at their hangars, the emails from tenants became increasingly urgent.
April 2025 to July 2026
It was over a year ago, on April 30, 2025, when the COR sent the first email alerting then-Executive Director Diahann Howard of the illicit connections that were hooked up to several private airplane hangars at the Richland Airport. Using public records requests, we received emails from Port of Benton Commissioner Scott Keller. This email was sent on June 11, 2025 to COR Water Manager Pat Everham:
Pat,
My name is Scott Keller and I have a hangar on leased land from the Port of Benton at the Richland Airport. I have been attempting to contact the City by phone dating back to May 27 and have left detailed messages with [redacted]. He was the contact given to me to help with the issue.
There is a question of water service to the area that is in question and several newspaper articles have been written recently. There is history dating back to 1998 that could explain what occurred.
I would like to meet with a City representative to walk the property and give information so that the issue can be resolved. Please let me know who to contact who could help with this matter.
Thank you.
Scott Keller
After several back-and-forth emails, Public Works Director Carlo D’Alessandro became the point of contact for Keller and the other tenants who had received notice of the illicit utilities connections.
In addition to the illicit connections to COR water and sewer, Keller had an unpermitted HVAC system and restroom on his property. According to the permit portal of the COR, Keller began the permitting process in April, but has made 0% progress on it.
On April 24, 2026, Scott Keller was sent the following message by email from COR:
SUBJECT: Permit BLDCC-2026-00387 2049 Butler Loop
We are needing the following for a complete submittal:
- Total sf (square feet) of hangar
- Architectural Layout by licensed Architect, to include MEP’s and code analysis.
- Need to show compliance with IBC Sec 412.3.4. Existing HVAC has not been addressed on structural layout
- Advise if the existing plumbing fixtures adjacent to the existing restroom have been removed.
Please submit these documents online through the portal.
We cannot route for review until we have received all requested information.
You can read a compilation of the emails the COR and hangar tenants here: https://drive.google.com/file/d/1Goc3QcDDgcp3kA-lsIKiAHwFL4-l0osn
Tumbleweird has also received records pertaining to the illegal, unpermitted improvements that other private airplane hanger tenants have made at the Richland Airport. The city sent letters regarding these unpermitted improvements, including several unpermitted bathrooms hooked up to illicit water and sewer connections that the tenants weren’t paying for.
We have received records of notices of violations for unpermitted work (beyond the list of illicit utilities connections) at the following properties:
Ashley Garza of IC Consulting Corporation summarized the violations in a memorandum she sent Tumbleweird:
This memorandum summarizes code enforcement and public works records for fifteen hangar properties located along Butler Loop, within the City of Richland’s Development Services and Public Works jurisdiction. The records span three distinct enforcement actions issued between August 2025 and March 2026:
- Letters of Violation – Public Works (issued August 25, 2025): identifying non-permitted water and/or sewer service connections at all fifteen properties.
- Notices of Violation – Building Division (issued February 5–10, 2026): identifying unpermitted construction at six of the fifteen properties, including an unauthorized change of occupancy, unpermitted restrooms, storage racks, an HVAC system, and lean-to storage structures.
- Notices of Disconnect (issued March 12, 2026): confirming that all but three of the fifteen properties failed to resolve their utility violations within the 90-day compliance period, resulting in scheduled water/sewer disconnection on or after April 17, 2026.
All records originate from the COR Development Services, Building Division and Public Works Department. Property addresses in the March 2026 disconnection notices were redacted by the City prior to release; but address assignments could be inferred by cross-referencing the recipient name on each disconnection letter against the tenant of record identified in the August 2025 utility violation notices. (These addresses should be independently verified against the City’s unredacted case file before being relied upon for investigative purposes.)
All of the Port tenants listed here had certificates of occupancy and signed leases. Looking at the COR permit portal, it appears most of the above tenants have applied for permits to rectify these violations as of June 29. However, for all but three hangar tenants, there is no evidence that they have started the process of actually fixing the issues.
According to the COR permit portal, only one tenant that had an unpermitted connection is going through the process of correcting them. Ryan Hone of Top Tree Service is 87% complete in the process of getting his permits in order.
We asked Hone via email for a comment regarding his property but didn't receive a reply.
The COR Public Works Notice of Violation can be read here: https://drive.google.com/file/d/1EL8HqKMP590Bp7fBtLkEoiAKt85B2Ixc
This message was sent on June 2, 2026 by Mizael Acevedo, COR Chief Building Official to all the tenants:
Please provide a status update. It has been over a month since our last interaction, and the required architectural layouts and code analysis for the first phase of Tenant Improvements (2014, 2020, 2030, 2048, 2049) have not been routed for review. We need to review the above-mentioned Tenant Improvements before the end of June. If these aren't submitted, I will have no choice but to escalate this case to Code Enforcement for DO NOT OCCUPY notices, daily fines, and legal action per IEBC Section 113 and RMC Title 10.
The COR stated in the letters of violation that they could revoke the tenants’ occupancy permits. They could also invoke fines and penalties. We asked the COR whether any of the tenants are going to be charged in violation of RCW 9A.61.020 (defrauding a public utility) or RCW 9A.61.050 (defrauding a public utility in the third degree).
On July 2, we heard back from Heather Kintzley (Attorney for COR), who said, “We’re checking up on status and will get back to you next week.”
On July 7, Deputy City Manager Joe Schiessl wrote:
Thank you for your questions regarding airplane hangars at the Richland Airport.
The City is currently evaluating mechanical, architectural, and structural information submitted by a representative of the hangar owners in response to notices of violation concerning unpermitted work within the hangars. Staff is reviewing the materials to determine whether they adequately address the identified code compliance issues and to identify any additional actions that may be necessary.
RECALL UPDATE:
Citizens for a Better Port issued an update on July 5 and included the following statement regarding the recall:
The Recall Moves Forward
On July 2, 2026, the Washington State Supreme Court issued an order in In the Matter of the Recall of William O’Neil, et al. (No. 105253-7) affirming the Benton County Superior Court’s rulings that allow the recall effort against Commissioners Scott Keller, Bill O’Neil, and Lori Stevens to proceed. A full written opinion is expected to follow.
The entire press release can be read here: https://drive.google.com/file/d/1gKX18X8KKPODiwKoxAXtzdzDwiEvxbhu
Port commissioners respond to Washington Supreme Court
During the Port of Benton meeting on July 8, Bill O’Neil read a statement regarding the reasons why they had put Diahann Howard on leave. You can watch the video of the statement here: https://docs.google.com/videos/d/1Cl-6Mgo6sasuOC-KLi9V1C12IBTXFRFOhHGo6e1de6A
O’Neil began his statement by saying: “In the wake of the State Supreme Court disappointing ruling last week, I do have some brief remarks. It is important for me to address the facts as opposed to the pure political spin which has been predominantly reported on over the past few months.”
O’Neil claimed that many employees have left the Port because of Diahann Howard, and that is why she was put on leave. He also announced that they are conducting yet another investigation:
We need you all to know that we put the health and safety of the entire Port of Benton staff and the port's ability to carry out its commitments to this community ahead of everything else. We will not allow political pressure to bend our will or compromise that. That is why the process of investigating the complaints against Executive Director Diahann Howard will now continue. We will ensure a thorough investigation is undertaken.
We cannot ignore reports by employees or the findings of the human resource expert, Eileen Griffin-Ray, where concerns regarding organizational and leadership failures were uncovered. We've also learned from our new finance director, Stuart Dezember, who, in a very short time, uncovered several budget failures resulting in a budget shortfall of over a million dollars. We do not know whether the current actions against us are motivated by fear of what we may uncover next, but we are determined to stay the course and remain dedicated to cleaning up the mistakes of the past in a transparent and open manner, allowing us to move forward in partnership with our staff, our customers, and the community to whom we serve.
Diahann Howard’s attorney responded with the following statement on July 8:
Statement of Todd Wyatt, Attorney for Port of Benton Executive Director Diahann Howard
The Port of Benton’s retaliation against Executive Director Diahann Howard continues.
In January 2026, the Port of Benton hired investigator Lisa Greenfield to investigate two issues: first, unspecified “employee complaints” against Director Howard; and second, whether the Commissioners retaliated against Director Howard when they suspended her and substantially reduced her job duties. Pursuant to Port rules and policies, Ms. Greenfield reported to the Port’s counsel, John O’Leary.
Ms. Greenfield was in the midst of her investigation throughout the spring. She had interviewed Director Howard and had requested interviews with the Commissioners. The reason she needed to interview the Commissioners is obvious: as the individuals who suspended Director Howard, Ms. Greenfield had a duty to determine why the suspension was supposedly necessary on an immediate basis, why it was accompanied by a substantial reduction in duties, and whether the Commissioners’ views of Director Howard’s reports about potentially illegal conduct of Commissioner Keller — and the Port’s own lawyers’ conclusions in December — motivated the adverse actions against her. Indeed, just one week later, at a public meeting on January 14, Commissioner O’Neil pronounced that Director Howard’s complaint was “politically motivated.”
As the Superior Court already concluded, and as the Supreme Court agreed, there is evidence of a “clear intent to retaliate” against Director Howard. Ms. Greenfield would have questioned the Commissioners about that intent.
But rather than answer Ms. Greenfield — the very investigator the Port hired to conduct this investigation — the Commissioners voted on May 13 to “suspend” the investigation, citing “due process concerns.” But whose due process rights were supposedly being violated by the Port’s own investigation? Not Director Howard’s. She was the person suspended and retaliated against. She welcomed Ms. Greenfield’s independent review and eventual conclusions.
Instead, the Commissioners were once again placing their own personal interests in protecting their positions ahead of the public’s right — and Director Howard’s right — to a thorough and independent investigation. They wanted to prevent any adverse conclusions about their conduct from coming to light while the Supreme Court considered their ill-fated appeal.
Now that the Supreme Court has rejected the Commissioners’ arguments, the Commissioners are once again moving the goalposts to justify their unlawful conduct. And they are doing more than moving the goalposts — they are replacing the referees.
At their July 8 meeting, the Commissioners voted to place Goodstein Law Firm in charge of all investigations, this would include the ongoing investigation into the Commissioners themselves. Goodstein Law Firm is the same law firm the Commissioners hired, at taxpayer expense, to unsuccessfully oppose the recall effort. And instead of reporting to the Port’s counsel, the Commissioners voted to have Goodstein Law Firm report to Commissioner O’Neil.
In short, the attorneys now hired to investigate retaliation are the same attorneys previously hired to deny that retaliation ever occurred.
Finally, concerning Commissioner O’Neil’s statements on July 8 attempting to besmirch Director Howard, she will not litigate her job performance through the press. Two obvious points, however, must be made.
First, less than four weeks before apparently discovering that Director Howard needed to be unceremoniously and abruptly suspended because, as Commissioner O’Neil stated on July 8, the working environment was “impossible,” Commissioners Stevens and Keller gave Director Howard a positive review and a raise. Either Commissioners Stevens and Keller were utterly asleep at the wheel in December or Commissioner O’Neil’s inflammatory accusations have no basis in fact. The latter is the only reasonable conclusion.
Second, in sworn testimony to the Supreme Court on April 28, 2026, Commissioner O’Neil stated that a single employee submitted a complaint in January that led to Director Howard’s suspension. Today, however, Commissioner O’Neil asserted that multiple complaints were received and led to the suspension. He was either untruthful to the Supreme Court then, or he is being untruthful to the public now.
More than six months into her suspension, Director Howard still has not been told who made the complaint against her, what it concerned, or why it required her immediate suspension without even giving her an opportunity to respond. The Commissioners’ actions today continue their scheme to retaliate against her, make finding the truth more difficult, and are a disservice to the Port, its staff, and the public.
Todd Wyatt, he/him
Attorney
A lifelong resident of Eastern Washington, Dori enjoys the outdoors, her family, and making good trouble. She has worked for many years in broadcasting and reporting and believes in the value of the 4th estate. She is a true community advocate that loves Washington.
