Port of Benton district map. citizensforabetterport.com
This is the latest update in our series about ongoing issues at the Port of Benton: tumbleweird.org/topic/port-of-benton
Since last month’s story on the recall of the Port of Benton Commissioners, we have some updates on the criminal investigation, the collection of signatures, and the temporary restraining order against the Port from Executive Director Diahann Howard.
Criminal investigation
As we reported last month, on August 14, the criminal investigation into Port of Benton tenants concluded with the report being sent to Benton County Prosecutor Eric Eisinger. On September 10, Tumbleweird inquired about the status of the case and received this brief response: “The matter is currently under review.”
When reached for comment, Citizens for a Better Port was optimistic regarding the investigation. Judge Eugene Pratt of Citizens for a Better Port replied on September 12, saying:
Citizens for a Better Port appreciates that the Benton County Prosecutor’s Office is giving this matter the careful review it deserves. We remain confident that the office will pursue justice for the community and file the appropriate charges. The city and its taxpayers deserve the restitution it is rightfully owed. We look forward to seeing this move forward.
Tumbleweird has also requested a copy of the investigation from the Franklin County Sheriff’s Office (which is still in process). The Benton County Prosecutor’s office said we will receive the report on or before December 4, 2026.
Temporary restraining order
On August 4, Diahann Howard, via her attorney Todd Wyatt, filed for a temporary restraining order (TRO) in Benton County Superior Court. The TRO was filed against the following:
PORT OF BENTON, a Washington port district; WILLIAM O’NEIL, an individual; GOODSTEIN LAW GROUP PLLC, a Washington limited liability company, and CAROLYN A. LAKE, an individual.
Wyatt argued that the repeated investigations against Howard were “tainted” as Carolyn Lake, the attorney hired by the Port Commissioners to defend them against recall, also hired the new investigator to look into allegations of Howard. Superior Court Judge Norma Rodriquez extended to the TRO another two weeks on September 4, as reported by the Tri-City Herald. You can read their report here: tri-cityherald.com/news/politics-government/article317128976.html
On September 18, after the judge ruled in favor of Howard, Wyatt sent Tumbleweird these statements:
Statement from Diahann Howard
I am grateful that today the Court recognized my right to what the Port promises every employee: a prompt, impartial investigation, independent of those who have publicly and unfairly advocated against me.
From the beginning, I have welcomed a full and fair review consistent with due process. I have nothing to hide, and I followed Port procedures in carrying out my responsibilities. I asked the Court to ensure the integrity and fairness of the investigation, without seeking to predetermine its outcome.
Today’s ruling confirms that my retaliation complaint and the alleged complaint against me — which I still have not seen — must be investigated independently, without interference from Commissioners or their personal attorneys. I look forward to that process moving forward and to the community having an opportunity to understand the facts.
I remain committed to the Port of Benton, its employees, and the community we serve.
Statement from Todd Wyatt, Diahann Howard’s attorney
Court intervention against the Port of Benton, Commissioner William O’Neil, and his personal attorney, Carolyn Lake, should never have been necessary. This situation could have been avoided had they followed the law, the Port’s own rules, and basic principles of due process.
Instead, Commissioner O’Neil assumed control over what should have been an independent investigation. In allowing that to happen, he and his fellow Commissioners placed their own interests ahead of those of the Port, its employees, and the taxpayers they serve.
Their actions have also exposed the Port to significant financial liability, including Director Howard’s entitlement to recover the substantial attorney fees she incurred to secure a fair process.
Director Howard should not have had to seek a court order to obtain the fair and impartial process the Port was already obligated to provide. We are thankful, however, that the Court agreed to step in to prevent the Commissioners from further harm to Director Howard and the public.
The Court’s ruling can be read here: https://drive.google.com/file/d/1qDNnKOqdObxTlopmXfLTML-BGgt957cN
A portion of the finding by Judge Norma Rodriquez reads:
The Court concludes Plaintiff has established a clear right to the neutral procedures and prompt retaliation investigation promised and required by the Port’s adopted Rules and Attachment B; a well-grounded fear of immediate invasion based on the existing oversight structure directed by the Commission President and managed by prior personal counsel; and ongoing actual and substantial injury to the neutrality of the process.
Collection of signatures
Volunteers continue to gather signatures in the Port of Benton area. They have collected over 1500 signatures, and they have 180 days left to get the rest.
Citizens for a better Port have until December 29 to collect 5000 signatures. Contact citizens4abetterport@gmail.com to volunteer or sign the petition.
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.
