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March 26, 2015

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and by Regular Mail

Hon. Ellen F. Rosenblum
Attorney General

Oregon Department of Justice
1162 Court Street, NE

Salem, OR 97301

RE: Attorney Fees As Special Counsel
Our File No. 8030

Dear Attorney General Rosenblum:

In a letter to me and attorney Charlie Hinkle from Deputy Attorney General
Frederick M. Boss, the Attorney Generals Oftice ordered Cylvia Hayes to comply with
the Oregon Public Records Law and turn over her emails that relate to the conduct of
public business to The Oregonian. In making this order, the Attorney General's Office
necessarily made the finding that Ms Hayes is a "public body" falling within the
definition of "state agency." Had the Attorney General's Office considered Ms Hayes a
less official form of "public body," equivalent to a school board. for example, the proper
response to Mr. Hinkle's petition would have been to deny it and to direct Mr. Hinkle to
submit his request to the District Attorney for Deschutes County pursuant to ORS

192.460.

As a state agency, Ms, Hayes is authorized by ORS 192.450(3) to retain special
counsel to represent her in the legal challenge to the Attorney General's disclosure
order. As the Attorney General's Office is prohibited from acting as special counsel in
this proceedingI Ms, Hayes has hired me. This conclusion, that Ms. Hayes be allowed
to retain special counsel. is further codified in ORS 182.235. Under this statute, where
the Attorney General has a conflict, the state officer or agency may employ its own

special counsel. ORS 

woo 5w Broadway, Sui|e 1500 Portland, Oregon v7zos mans: 503 22870497 22371112 

Hon. Ellen F. Rosenblum
RE: Cylvia Hayes

March 26, 2015

Page 2

Based on the above statutes, I am requesting that the legal fees and costs
incurred by Ms. Hayes in this case be paid by the State of Oregon. Please let me know
as soon as possible whether this request will be granted.

Please call me if you have any questions.

HOEVET BOISE OLSON HOWES
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Whitney P. Boise

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