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THE DAILY ASTORIAN • THURSDAY, AUGUST 6, 2015
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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
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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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