Government Law

Governor's fiancee was 'first lady' but isn't under jurisdiction of ethics commission, both say

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Under fire for the role she has played as a volunteer policy advisor to Oregon’s governor under the title of first lady, the fiancee of Gov. John Kitzhaber has now hired separate counsel to represent her in an ethics probe over her work for private groups as a consultant.

Meanwhile, both Cylvia Hayes and Kitzhaber are arguing that the Oregon Government Ethics Commission has no jurisdiction to investigate because she is neither a government official, nor a government employee and performed no services for the state, reports the Oregonian.

“She was never a part of state government,” says a filing in the the administrative case. “She certainly gave the governor her thoughts and opinions on certain matters on which he conferred with her, as often occurs with spouses, friends and supporters of other elected officials,” they wrote. “The elected official is obviously free to do whatever he or she deems appropriate with respect to such thoughts or opinions, including ignoring them.”

Another Oregonian story provides more details about the probe, which is also looking into whether Kitzhaber helped Hayes get consulting work.

The state attorney general announced Monday that she is investigating both both Kitzhaber and Hayes, the Oregonian reported yesterday. A Monday letter from Kitzhaber to attorney general requested “a full and independent factual review.”

The Associated Press, the Washington Post (reg. req.) and Willamette Week also have stories.

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