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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories First hemp permit holder now just needs some seed Beloved advocate dies unexpectedly in Caribbean Man catches burglar in the act Mt. Ashland Ski Area celebrates snow Couple face child abuse charges Crime, Courts and Emergency Services Man catches burglar in the act Couple face child abuse charges Fire guts Evans Valley pump house Oxygen tank explodes during Phoenix house fire Emergency services, Feb. 11 Politics and Elections Oregon's second in command abruptly returns from capital Mark L. 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First hemp permit holder now just needs some seed ... Beloved advocate dies unexpectedly in Caribbean ... Kitzhaber had planned to quit ... First hemp permit holder now just needs some seed ... Beloved advocate dies unexpectedly in Caribbean ... OREGON POLITICS Lawyers say ethics commission has no jurisdiction over Hayes Comment By Jonathan J. Cooper The Associated Press MailTribune.com By Jonathan J. Cooper The Associated Press Posted Feb. 10, 2015 @ 8:49 pm By Jonathan J. Cooper The Associated Press Posted Feb. 10, 2015 @ 8:49 pm » Social News SALEM — Lawyers for Gov. John Kitzhaber and his fiancée are arguing that the Oregon Government Ethics Commission has no jurisdiction to investigate Cylvia Hayes, even though Kitzhaber spent months saying it was the appropriate agency to look into influence-peddling allegations. But whether the ethics commission looks at the allegations may be a moot point, now that the state attorney general said that she has launched her own criminal investigation. Hayes' defense to three complaints lodged with the ethics commission was dated Dec. 8 and became public this week when Hayes' lawyer attached it to a memo sent to the Oregon Department of Justice. The memo urges Attorney General Ellen Rosenblum not to grant The Oregonian's request under public records law to order that Hayes turn over correspondence from her private email accounts that involved state business. Hayes is accused of using her position as first lady to land private consulting clients. She urges the ethics commission to dismiss the complaints against her, arguing that ethics laws don't apply to her because she doesn't meet the legal definition of a "public official." The term is defined in law as: "Any person who is serving the State of Oregon ... as an officer, employee, agent or otherwise, and irrespective of whether the person is compensated for such services." The memo, signed by lawyer Stephen Janik, says the first lady title that Hayes used was merely ceremonial, and she had no control over the operations of state government. Public records have shown, however, that she was often involved in meetings and policy discussions and made requests of staff in the governor's office and state agencies. The seven-member ethics commission is appointed by Kitzhaber and investigates conflict-of-interest complaints. State law requires the ethics commission, which can impose fines but not criminal charges, to suspend its work if a criminal investigation is occurring. Ron Bersin, the agency's director, said in an email that he has asked the attorney general's office whether it's conducting a criminal investigation, but he has not heard back from the office. The commission will continue its review unless it receives confirmation a criminal investigation is underway, Bersin said. The attorney general's office has limited authority to conduct criminal investigations or prosecutions, but the governor or a district attorney can grant that power to her. Rosenblum's office believes a letter from Kitzhaber Monday seeking a "factual review" gives her prosecutorial authority, said Kristina Edmunson, her spokeswoman. A spokeswoman for Kitzhaber, Amy Wojcicki, did not respond to questions about whether the governor believes Rosenblum has prosecutorial authority. In an email, Wojcicki would say only that Kitzhaber "expected that she would use her full authority to undertake a full and independent factual review without specifying any particular authority she wanted to use." By Jonathan J. Cooper The Associated Press MailTribune.com By Jonathan J. 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