Former first lady Cylvia Hayes is asking a court to block release of her emails in response to a Jan. 29 public records request made by The Oregonian newspaper.

Hayes asserted her Fifth Amendment right against self-incrimination in a court document filed Wednesday, Feb. 25, and stated that her Constitutional rights supercede Oregon public records law.

The complaint filed by Hayes attorney in Marion County Circuit Court also restated many of her previous arguments against the records release, which the Oregon Department of Justice rejected early this month. It included the claim that Hayes was never a public official and therefore her emails are not subject to the states public records law.

According to Hayes attorney, Whitney P. Boise, Any functions Hayes performed for the state were unpaid and largely advisory or ceremonial in nature. Hayes is engaged to marry former Gov. John Kitzhaber and for most of Kitzhabers third term, Hayes served as an unpaid adviser on state energy and economic development policy. Kitzhaber resigned Feb. 18 amid state and federal criminal investigations into allegations that Hayes used her position for financial gain.

Private email accounts

The Oregonian newspaper sought Hayes emails concerning state business received or sent by Hayes after Jan. 1, 2011. The newspaper also requested emails specifically containing the phrase first lady or the acronym FLO that Hayes sent, received or was copied.

Hayes used several private email accounts to correspond with public employees regarding state policy, travel arrangements and her private consulting business. She never had a state email account, and instead used a Gmail account with the signature Cylvia Hayes First Lady State of Oregon.

On Feb. 12 the Oregon attorney generals office ordered Hayes to turn over the emails, after The Oregonian filed a petition seeking the records. Hayes opposed that petition and argued that she was not a public official and thus not subject to Oregon public records laws. Deputy Attorney General Frederick M. Boss rejected that argument.

It is clear that Ms. Hayes worked extensively on government matters, and did at least some of that work by email, Boss wrote in the Feb. 12 order.

Records already released to the Pamplin Media Group/EO Media Group Capital Bureau and other news organizations have revealed Hayes directed the work of state employees, including at least one executive level employee.

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Hayes goes to court to block release of emails