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2A THE DAILY ASTORIAN • THURSDAY, AUGUST 6, 2015 -XGJH+D\HVZDVSXEOLFRI¿FLDOKHUHPDLOVSXEOLFUHFRUG lawyer argued it would have violated Hayes’ Fifth Amendment right against self-incrimination if the court forced Hayes to de- cide which emails pertained to state business. Hayes’ lawyer, Whitney Boise, has said the request for Hayes to determine when her emails dealt with public business and when they were private addressed the distinction be- tween Hayes’ paid consult- ing work and public policy role, which is the heart of a federal criminal investiga- tion into influence peddling allegations against Hayes and Kitzhaber. By HILLARY BORRUD Capital Bureau SALEM — A Marion County Circuit Court judge ruled Wednesday that for- mer Oregon ¿ rst lady Cylvia Hayes was a public of¿ cial and her emails regarding state business are public re- cords. Hayes served as an un- paid policy adviser to her fiancée, former Gov. John Kitzhaber, from 2011 un- til shortly before Kitzhaber resigned in February. The Oregonian newspaper filed a public records request for Hayes’ emails from that time that dealt with state business. In an order issued Wednes- day morning, Judge Tracy Prall gave Hayes 14 days to provide copies of her emails to the court. Prall will re- view the emails to determine which are public records and should be released. The office of Gov. Kate Brown already released 94,000 emails between Hayes and Kitzhaber ad- ministration staff in April, so Prall will focus on ap- proximately 30,000 addi- tional emails Hayes sent or received in the time period requested by The Oregonian. Pool photo/Statesman Journal Marion County Judge Tracy Prall has ruled that former first lady Cylvia Hayes was a public official in the Kitzhaber administration, and that her emails concerning official business are public records. Hayes never had a govern- ment email address and in- stead used private accounts. for The Oregonian, said on Wednesday that Prall agreed with the previous decision by the Attorney General’s office that Hayes was a pub- lic official. “Judge Prall agreed with the Attorney General that when a person functions as a member of the government, that person is subject to the public records law,” Hin- kle said. “And Judge Prall A public official Hayes filed a lawsuit against The Oregonian to prevent the disclosure of her emails, after the Oregon At- torney General’s Office or- dered Hayes to turn over the emails in February. Charles Hinkle, a lawyer found that the undisputed facts showed that Cylvia Hayes acted as a member of the governor’s office, with authority given to her by the governor, just like any other member of the staff.” “The task before the court is to separate the emails that are clearly public records,” Hinkle said. Prall decided to review the emails because Hayes’ Tonight Clear 54° Friday Patrick Anthony Dugan Oregon Weather Shown is tomorrow’s weather. Temperatures are tonight’s lows and tomorrow’s highs Corvallis 53/85 Eugene 52/86 Pendleton 53/87 Salem 55/86 Albany 55/86 Ontario 53/90 Bend 44/82 Saturday Burns 45/86 Medford 59/91 Mostly sunny and beautiful 72° Mostly cloudy, a shower in the afternoon 57° 68° Sunday 69° Cloudy 56° 70° Klamath Falls 50/83 Forecasts and graphics provided by AccuWeather, Inc. ©2015 58° Monday Times of sun and clouds 54° Almanac Sun and Moon Astoria through Wednesday. Temperatures High ........................................... 70° Low ............................................ 53° Normal high ............................... 68° Normal low ................................. 54° Precipitation Yesterday ................................ 0.00" Month to date .......................... 0.00" Normal month to date ............. 0.12" Year to date ........................... 27.78" Normal year to date .............. 37.06" Sunset tonight .................. 8:39 p.m. Sunrise Friday .................. 6:04 a.m. Moonrise today ....................... none Moonset today ................. 1:45 p.m. Regional Cities City Baker City Bend Brookings Eugene Ilwaco Klamath Falls Medford Newport North Bend Today Hi Lo W 79 38 s 79 44 s 75 58 pc 82 52 s 66 57 c 84 50 s 91 59 s 66 51 s 69 53 s Astoria March 3, 1932 — Aug. 2, 2015 The Dalles 57/90 Astoria 54/72 Portland 59/84 Last New First Full Aug 6 Aug 14 Aug 22 Aug 29 Under the Sky Hi 84 82 72 86 67 83 91 65 69 Fri. Lo 46 48 57 56 59 48 60 54 57 W s pc c pc s pc pc s pc National Cities City Olympia Pendleton Portland Roseburg Salem Seaside Spokane Vancouver Yakima Today Hi Lo W 79 50 pc 82 53 s 80 59 s 87 59 s 82 55 s 69 56 pc 77 53 s 80 57 s 86 51 s Hi 82 87 84 87 86 68 84 83 89 Fri. Lo 55 60 60 60 57 58 57 59 56 W s s s pc s s s s s Tonight's Sky: Due south, Antares, the bright orange heart of Scorpius, is one of the biggest, heaviest and brightest stars. Fri. Hi Lo 86 70 74 62 81 67 91 61 88 71 82 62 101 76 72 55 91 78 80 61 90 72 100 73 81 63 90 75 92 77 83 66 96 79 82 67 99 74 79 67 87 71 77 60 75 60 82 60 79 70 W pc s t c pc pc s pc sh pc s t pc t pc pc pc pc s r pc pc pc s r Patrick Anthony Dugan, 83, of Astoria, died Jody Burkholder of Astoria; a brother-in-law and Aug. 2, 2015, in Portland. Pat was born to Bar- sister-in-law, Pat and Gail Hjorten of Seattle; a tholomew A. Dugan and Nora H. (Hunt) sister-in-law, Erica Dugan of Knappa; Dugan, in Astoria, on March 3, 1932. 19 grandchildren; 10 great-grandchil- He was a graduate of St Mary, Star dren; numerous nephews and nieces of The Sea, Class of 1950. He attended and grand-nephews and nieces; and longtime friend and companion, Laurel the University of Portland until 1953, Carlson. when he decided to enlist in the U.S. He was preceded in death by brothers Marine Corps with his brother, Donny. Donald F. Dugan and James M. Dugan; He served three years, reaching the rank and eldest son, Sean Bartley Dugan. of sergeant. Visitation will be held Friday, Aug. After the Marines, he was a logger, 7, 2015, from 3 to 7 p.m. at Caldwell’s then a longtime shareholder and worker Patrick Luce-Layton Mortuary, 1165 Franklin at Astoria Plywood Corp . He was a die- Dugan Ave., Astoria, Ore. hard Notre Dame fan. Recitation of the Holy Rosary will He married Alicia Punilei (Burrows) Dugan on Aug. 9, 1958. She preceded him in death be held Saturday, Aug. 8, 2015, at 12:30 p.m., fol- lowed by a Mass of Christian Burial at 1 p.m., at Feb. 28, 1987. He married Marilyn Elizabeth (Larson) Dugan St. Mary, Star of the Sea Catholic Church, 1465 on Nov. 18, 1989. She preceded him in death Feb. Grand Ave., Astoria, Ore. Graveside services will follow at Greenwood 9, 2012. He is survived by Mary (Dugan) Todd of As- Cemetery, 91569 Highway 202, Astoria, Ore. Memorial contributions may be given to the toria, Patrick and Ingrid Dugan of Astoria, Kerry and Holly Dugan of Arlington, Wash., Maury Du- St. Mary, Star of the Sea Memorial Fund or the gan of Kodiak, Alaska, Tim and Margie Dugan of Archdiocese. Caldwell’s Luce-Layton Mortuary is in charge Renton, Wash., Mike and Patty Larson of Port- land, Paul and Cheryl Larson of Svensen, Jim Lar- of the arrangements. Please sign our online guest son of Portland, Rick and Dori Larson of Knappa, book at www.caldwellsmortuary.com Source: Jim Todd, OMSI Kenneth Nanson, DMD Tomorrow’s Tides Milwaukie July 27, 1936 — July 18, 2015 Astoria / Port Docks Time High 7:56 a.m. 6.4 ft. 7:58 p.m. 8.3 ft. Time 1:51 a.m. 1:36 p.m. Low 0.4 ft. 1.6 ft. Tomorrow’s National Weather Today City Hi Lo W Atlanta 85 71 t Boston 81 64 s Chicago 81 62 pc Denver 94 60 pc Des Moines 84 70 pc Detroit 80 60 pc El Paso 102 75 s Fairbanks 69 48 s Honolulu 89 76 sh Indianapolis 73 58 r Kansas City 82 70 pc Las Vegas 104 79 pc Los Angeles 85 66 pc Memphis 88 73 t Miami 92 78 s Nashville 81 68 t New Orleans 92 78 t New York 83 69 s Oklahoma City 98 76 s Philadelphia 85 67 s St. Louis 86 68 pc Salt Lake City 89 68 pc San Francisco 76 61 pc Seattle 77 57 pc Washington, DC 84 70 t Hayes was paid more than $200,000 for consult- ing work since 2011, by groups with an interest in the same areas of state pol- icy on which Hayes advised Kitzhaber. Boise and Hayes did not respond to a request for comment on Wednesday. After Prall reviews the emails, she will issue a fi- nal order which will deter- mine whether any additional emails will be released. Prall agreed with Hayes’ attorney’s argument that the position of first lady was not OBITUARIES ACCUWEATHER ® FORECAST FOR ASTORIA Astoria 5-Day Forecast Private consultant, public adviser defined in Oregon law as a state agency. However, Pra- ll said the key question was whether “the record being sought is a public record of a state agency.” Hayes was “acting as a state officer within the Governor’s Of- fice” during the period for which The Oregonian re- quested Hayes’ emails, Prall wrote. “State employees were expected to, and did regard her as having authority roughly equivalent to that of a senior policy advise r,” Pra- ll wrote. “The Governor’s Legal Counsel considered (Hayes) to be her client and had (Hayes) sign a conflict of interest disclosure form in which plaintiff was referred to as ‘a public official.’ The g overnor himself confirmed her authority when he direct- ed his chief of staff to en- sure that (Hayes) had a role in defining and developing his policy around the clean economy initiative.” Hayes also was reim- bursed by the state for her expenses and directed state employees to assist her, Pra- ll wrote. The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group. Fronts Cold Warm Stationary Showers T-Storms Rain Flurries Snow Ice -10s -0s 0s 10s 20s 30s 40s 50s 60s 70s 80s 90s 100s 110s Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. Forecast high/low temperatures are given for selected cities. Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow fl urries, sn-snow, i-ice. CLATSOP POWER EQUIPMENT, INC. SALES • SERVICE • RENTALS Ken Nanson passed away peacefully on July 18, 2015, of complications of dementia. He was a beloved orthodontist in Portland and Astoria for 40 years, and loved the outdoors, hunting, and ¿ shing. He cared deeply for his patients and their families, and leaves behind many good friends. He also started for the Oregon State Beavers Death July 28, 2015 BERG, JoAnn, 78, o f Ilwaco, Wash., died in Ilwaco. Penttila’s Chapel by The Sea in Long Beach, Wash., is in charge of the arrangements. Lotteries OREGON Wednesday’s Pick 4: 1 p.m.: 9-4-1-2 4 p.m.: 3-0-0-3 7 p.m.: 1-1-6-9 10 p.m.: 5-3-9-4 Wednesday’s Mega- bucks: 1-8-10-11-12-19 Estimated jackpot: $5.6 million. Wednesday’s Powerball: 9-11-14-16-42, Powerball: 19 Estimated jackpot: $40 million. WASHINGTON Wednesday’s Daily Game: 1-2-8 Wednesday’s Hit 5: 13- 15-21-28-37 Estimated jackpot: $150,000 Wednesday’s Keno: 01- 03-07-11-16-19-23-28-40-50- 53-57-62-63-66-70-72-73-76- 80 Wednesday’s Lotto: 04- 05-14-16-32-49 Estimated jackpot: $1.8 million Wednesday’s Match 4: 09-18-21-23 trict, 3:45 p.m., special meet- ing, Clatsop Care Memory Community, 2219 S.E. Dol- phin Road, Warrenton. Seaside Parks Adviso- ry Committee, 7 p.m., City Hall Council Chambers, 989 Broadway, Seaside. MONDAY Seaside City Council, 7 p.m., City Hall Council Cham- bers, 989 Broadway, Seaside. Public meetings THURSDAY Northwest Oregon Hous- ing Authority Board, 10 a.m., NOHA of¿ ce, 147 S. Main Ave., Warrenton. Clatsop Care Health Dis- The Daily Astorian Established July 1, 1873 (USPS 035-000) Published daily, except Saturday and Sunday, by EO Media Group, 949 Exchange St., PO Box 210, Astoria, OR 97103 Telephone 503- 325-3211, 800-781-3211 or Fax 503-325-6573. POSTMASTER: Send address changes to The Daily Astorian, PO Box 210, Astoria, OR 97103- 0210 www.dailyastorian.com MEMBER OF THE ASSOCIATED PRESS The Associated Press is entitled exclusively to the use for republication of all the local news printed in this newspaper. 34912 HWY 101 BUS • ASTORIA 503-325-0792 • 1-800-220-0792 Varsity Basketball Team from 1956-1958, and was a die hard Beaver Believer. He is survived by his brother, Jim, and four children, Kelli, David, Chris, and Gabriella. In lieu of À owers, please send remembrances to the Oregon State University Foundation. A private remembrance service will be held. 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