Keck, Roy: Alleged Violation of RCW 42.17A.495 for discrimination based on failure to support or oppose a candidate for elected office; RCW 42.17A.555 for misuse of public facilities (EY 19, Dec 19)

Case

#61052

Respondent

Roy Keck

Complainant

Kitty Thomas

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on December 9, 2019. The complaint alleged that Roy Keck, a Port Commissioner for the Port of Benton may have violated RCW 42.17A.495 for discrimination based on failure to support or oppose a candidate for elected office and (2) RCW 42.17A.555 for misuse of public facilities.

PDC staff reviewed the allegations; the applicable statutes, and rules; and the response provided by the Respondent, to determine whether the record supports a finding of one or more violations.

• During its investigation, PDC staff found no evidence that Port of Benton staff were demoted or terminated due to their support or opposition of Commissioner Keck or his re-election campaign. In addition, PDC staff found no other evidence to prove discrimination as described in RCW 42.17A.495.
• Staff found no evidence showing that Commissioner Keck used the facilities, staff or other resources of the Port of Benton to support his 2019 re-election campaign in violation of RCW 42.17A.555.

By all accounts given in the Summary of Investigative Findings and review of commission meetings from May 2019 to December 2019, it is apparent that there were numerous changes within the Port of Benton, including staffing changes, policy and procedure updates, and training at all levels of personnel. Although these changes appear to have created a difficult and stressful work environment, most of the evidence of possible violations fell outside of PDC laws or rules.

Based on our findings staff has determined that no evidence supports a finding of a violation that warrants further investigation.

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with WAC 390-37-070.

Disposition

Case Closed with No Evidence of Violations

Date Opened

December 10, 2019

Areas of Law

RCW 42.17A.495, RCW 42.17A.555

Documents

• 61052 Initial Hearing Results - Respondent.pdf
• 61052 Keck Roy Response.pdf
• 61052 Keck Roy Complaint.pdf
• 61052 Keck Roy Dismissal Letter.pdf
• 61052 Initial Hearing Results - Complainant.pdf