Ethics Commission Denies Governor, Investigation Moves Forward

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Friday, November 07, 2014

Cornelius Swart, GoLocalPDX Director of Content

The Oregon Government Ethics Commission denied a request by Governor Johns Kitzhaber to advise him on whether his fiancée Cylvia Hayes had broken ethics rules as a public official and whether or not she even qualified as a public official.

The Commission ruled that it could only give advice on hypothetical situations not situations that had already happened. This sets up a full ethics violation ruling.

Kitzhaber requested an opinion from the commission on Oct. 13, after stories surfaced in the media saying that Hayes had obtained unethical benefit from her duel role as a paid consultant and “First Lady” of Oregon.

At the time, GoLocalPDX specifically asked the commission director Ron Bersin if the body could weigh in on situations that were “after the action?”

Bersin told GoLocalPDX that the commission ruled on a variety of situation before and after the action.

Today, however, Bersin said the reason Kitzhaber’s request was denied was because “one of the administrative rules prevents us from opining on things that have already happened.”

When pressed on the contradiction, Bersin said, “it’s the practice of the commission not to do that (rule after the fact)…not to say that it’s never happened.”

It’s common practice in states across the nation for ethics commissions to only give opinions on hypothetical situations. 

"The Governor has a strong interest in getting a clear read on whether the First Lady’s previous contracts and activities were in line with our ethics requirements," said Rachel Wray, spokeswoman for the Governor's Office. "The Governor welcomes the commission’s examination and looks forward to its findings."

GoLocalPDX asked Wray if the Governor understood how the ethics commission operated, or if he was advised by general council or a private attorney on the basic rules of what the commission can and cannot do.  Wray was unable to respond immediately.

Republican State Senator Jeff Kruse accused the governor of deflecting in hopes of the investigation will just going away.

Kruse said that the governor - a colleague of for over three decades - is aware of everything happening under his watch.

"What Cylvia was doing in his office - I guarantee you he knew every bit of it," Kruse said. "I think she was doing things that were at least unethical and potentially illegal."

The ruling occurs three days after the Governor won a historic fourth term in office and on the first regularly schedule meeting of the commission since Kitzhaber’s request.

The commission has begun an preliminary investigation into two ethics complaints filed against Kitzhaber and Hayes.

The staff have 135 days to collect information and present recommendation for either a dismissal of the complaint or a full investigation before the full board of commissioners.

Bersin said the recommendation would be submitted no later than Feb 25.

If the preliminary investigation requests documents or has questions about the actions of the Governor or Hayes, private legal council would most likely represent the two.

Bersin said he could not confirm or deny if Kitzhaber or Hayes had registered a private attorney with the commission (as is required).

Both Kitzhaber and Hayes will be investigating separately.

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