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Published 1:30 pm Friday, February 13, 2015

Oregon Gov. John Kitzhaber, middle, stands next to first lady Cylvia Hayes as he is sworn in for an unprecedented fourth term by Senior Judge Paul J. De Muniz Jan. 12, 2015. Kitzhaber has asked the attorney general to investigate questions surrounding Hayes and her dealings with the administration.

SALEM — The U.S attorney for Oregon has subpoenaed emails and other documents of Gov. John Kitzhaber, first lady Cylvia Hayes and a number of organizations that paid Hayes for consulting services. The subpoena also covers records relating to 15 other state employees, across 11 state agencies.

The Oregon Department of Administrative Services received a subpoena for the records just hours after Kitzhaber announced he would resign effective Wednesday, agency spokesman Matt Shelby wrote in an email.

The subpoena was a preliminary step toward a meeting of a federal grand jury, which wants the materials by March 10.

The list of subpoenaed records is lengthy, but they focus on dealings that Hayes and her consulting firm had with the state going back to Jan. 1, 2009, more than two years before Kitzhaber took office for a third term in 2011.

Willamette Week reported the subpoenas late Friday, but the EO Media Group/Pamplin Media Group Capital Bureau obtained a copy.

This investigation is separate from one being conducted by the state Department of Justice, which Rosenblum leads as an independently elected official, and a now-suspended review by the Oregon Government Ethics Commission of pending ethics-law complaints.

Hayes’ private contracts appear to have brought in more than $200,000 during the first three years of Kitzhaber’s third term, much of that from groups that had an interest in state policy.

Among the records being sought are a long list of documents reported by news organizations starting last fall, before Kitzhaber was elected to a fourth term as governor Nov. 4.

The subpoena also seeks communications between state employees and Hayes’ consulting clients.

The 11 agencies include the office of the governor and the Department of Administrative Services, which is the central budget and management agency for state government.

In addition to Kitzhaber and Hayes, 15 current or former employees were subpoenaed — nine from the governor’s staff, four from DAS and two from the Department of Environmental Quality. They includes Kitzhaber’s most recent chiefs of staff, Curtis Robinhold and Mike Bonetto; Liani Reeves, his general counsel; Nkenge Harmon-Johnson, his communications director for a short period in 2014, and DAS Director Michael Jordan.

The subpoena seeks correspondence from two Department of Environmental Quality employees, David Allaway and Palmer Mason.

On Jan. 30, the EO Media Group/Pamplin Media Group Capital Bureau reported that Hayes contacted Allaway in May 2013 to discuss her work on behalf of her private consulting client, Demos.

The group paid Hayes to work with states to adopt an alternative economic indicator, the Genuine Progress Indicator or GPI and Hayes called Allaway, an employee with the Department of Environmental Quality’s solid waste program, to discuss how the GPI might align with DEQ’s strategic planning. Allaway recounted the conversation in an email to DEQ director Dick Pedersen and legislative coordinator Palmer Mason.

“Although it was officially in her capacity as a private contractor (3E Strategies), and not as the First Lady, the fact is she is the First Lady and some of this may get back to the Governor,” Allaway wrote. “She also mentioned a few relevant initiatives that the Governor’s Office will be supporting or leading.”Allaway confirmed that DEQ did eventually participate in development of a GPI for Oregon.

The subpoena also asks for correspondence between state employees and Jeffrey King, executive director of the Clean Economy Development Center.

The EO Media Group/Pamplin Media Group Capital Bureau reported Jan. 27 that the Washington, D.C.-based nonprofit paid Hayes $118,000 for work that Hayes has declined to discuss. Willamette Week subsequently reported that Hayes appears not to have reported that income on her tax returns.

— The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group.

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