Resignation of Oregon Governor John Kitzhaber

For our main article on the Governor of Oregon, see John Kitzhaber

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Resignation of Oregon Governor John Kitzhaber

Term in office: 1995-2003, 2011-2015

Next in succession: Secretary of State Kate Brown (D)

Related pages Resignation overview February 11 story February 13 story Impeachment amendment Recall effort Cylvia Hayes Kate Brown Ellen Rosenblum Governor of Oregon Governor Vacancy process

Oregon Governor John Kitzhaber (D)—embroiled in an ethics investigation and a criminal investigation—announced his resignation from office on Friday, February 13, 2015, effective on February 18.

David Graham of the Atlantic Monthly characterized Kitzhaber's situation on February 12 as "Oregon Governor John Kitzhaber is embroiled in a weird, confusing scandal that threatens his political life. For Kitzhaber's growing legion of detractors, it's theater of the absurd on the level of Portlandia, while his embattled supporters seem to view it as more of, well, a Salem witch hunt. The case is a picaresque tale of ethics, money, romance, and betrayal, plus good old-fashioned power politics."

Gov. Kitzhaber would have tied for the second-longest-tenured governor in American history if he had completed the term he won in 2014.

The state's recent history includes few major public corruption cases, helping to explain public reaction to ethics allegations against Kitzhaber. Oregon experienced a relatively small number of corruption convictions from 1976 to 2010, according to a study by the University of Illinois at Chicago and the Illinois Integrity Initiative. The state ranked 42nd in federal corruption convictions (94) and 50th in federal corruption convictions per 10,000 people (0.24/10,000 people) among the 50 states in the study, which is summarized here. The Statesman Journal notes that the attorney general conducted 145 public corruption investigations from 2004 to February 2015, though Kitzhaber is the only governor subject to an investigation by the attorney general's office in state history.

Background

Kitzhaber announced his resignation from office on February 13, 2015, effective February 18. The following sections detail the story surrounding Kitzhaber's resignation.

Ethics concerns before 2014 election

On October 13, 2014, Kitzhaber requested an investigation by the Oregon Government Ethics Commission into whether his fiancee, Cylvia Hayes, used her access to the governor's office to improve her consulting business. A story in the Willamette Week indicated that Hayes advised Kitzhaber about economic and energy issues while also providing consulting services in the same policy areas. On February 5, 2015, Kitzhaber announced that Hayes would no longer serve as a policy advisor following conflict of interest allegations. Oregon's government ethics regulations are designed to prevent conflicts of interest among public officials. Hayes did not receive payments from the state when advising Kitzhaber, but the governor's general counsel, Liani Reeves, noted that she was considered a public official due to her dual role as advisor and first lady.

Kitzhaber's aides said that all contracts and policy documents were reviewed prior to approval to comply with state ethics laws. Hayes stated that accusations about conflicts of interest were inaccurate and that she worked as an advisor and outside consultant to ensure "a clean economy and more sustainable future for Oregon." Dennis Richardson (R), Kitzhaber's opponent in the 2014 election, called his administration "inept and unethical."

Financial disclosures

Three ethics complaints were filed against Kitzhaber following his October 13 request, including an October 15 complaint by the Oregon Republican Party, an October 16 complaint by state Rep. Vicki Berger (R) and an October 30 complaint by 2014 Democratic primary foe Ifeanyichukwu Diru. The seven-member ethics commission held no meetings prior to the November 4 general election. A hearing in March 2015 would have determined if the commission proceeded with a formal investigation of these complaints, though Kitzhaber's resignation cast doubt about the commission's role in future investigations.

Disclosures made to the commission in January 2015 revealed $213,000 in earnings as a consultant from 2011 to 2014, including $118,000 in unreported payments from the Clean Economy Development Center. These totals were at odds with statements made by the governor and his staff as well as federal income tax documents from that period. The editorial board of The Oregonian made national news by calling for Kitzhaber's resignation on February 4, given the paper's endorsement of the governor during his previous election bids.

Emails about Genuine Progress Indicator

On February 6, 2015, the Oregon Department of Administrative Services released emails between Hayes, Kitzhaber and department director Michael Jordan regarding a new economic policy called the Genuine Progress Indicator (GPI). These emails, sent between April 2013 and April 2014, revealed Hayes' close involvement in implementing the policy. Hayes was under contract with Demos, a New York-based think tank, from June to November 2013. Hayes sent an email to Jordan requesting a meeting on May 13, 2013, to discuss challenges for the GPI, only three days after signing a contract with Demos. An email from October 30, 2013, requested $125,000 to launch the GPI and listed Hayes and Demos among the "Oregon GPI Team."

Emails from the same period showed Kitzhaber's efforts to hire Sean McGuire, an advisor under contract with Demos. McGuire had previously worked with Demos to install the GPI, a measurement of economic progress that takes into account well-being and productivity, in Maryland. On December 30, 2013, Kitzhaber lobbied Jordan to hire McGuire, indicating that he was the "best person to do this work...and we need to find a way to bring him on." McGuire was hired in spring 2014 for a one-year contract totaling $65,000, though Jordan downplayed suggestions that Kitzhaber pressured him into the decision.

Investigation by Attorney General

Oregon Attorney General Ellen Rosenblum (D) announced on February 9 that she was initiating a criminal investigation of Kitzhaber and Hayes. She announced the investigation on the same day as Kitzhaber publicly requested a criminal investigation of his administration. The attorney general's office has the ability to request records, issue subpoenas to witnesses and charge the governor and his advisors with illegal activity. Rosenblum delayed an investigation because she was concerned about her office's role as attorney for the executive branch, though former state officials argued that she was responsible for investigating corruption within the branch. Republican legislators including Ted Ferrioli supported the investigation, but argued that a special prosecutor should be appointed to eliminate concerns about Rosenblum's objectivity in dealing with a fellow Democratic official.

On February 20, defense attorney Janet Hoffman sent a request to halt review of Kitzhaber's emails by the attorney general until she had an opportunity to evaluate the documents. Hoffman argued that the former governor's personal emails were co-mingled with official emails without his permission. She also argued that DAS did not "legitimately possess" personal emails, invalidating the documents from becoming evidence in state or federal investigations. Hoffman also requested an independent investigation into leaks of Kitzhaber's emails to Willamette Weekly and The Oregonian.

The state ethics commission suspended its investigation on February 11.

Speculation about resignation

On February 11, local and national media speculated that Kitzhaber could resign from office. The governor canceled a Valentine's Day appearance with Tigard-based Friends of Trees on that day. The head of Friends of Trees, Scott Fogarty, noted that the plans were tentative and saw no connection with ongoing ethics concerns. Jim McDermott, an attorney representing Kitzhaber, told reporters on the 11th that the governor had no intention of resigning. Kitzhaber confirmed McDermott's statement later in the day in an interview with The Statesman Journal.

Secretary of State Kate Brown (D) also stoked speculation by ending a trip to Washington, D.C., two days early to return home on the 11th.

Kitzhaber denies intent to resign

Late in the day on February 11, Kitzhaber issued an official statement denying that he had any intention of resigning: "Let me be as clear as I was last week, that I have no intention of resigning as Governor of the state of Oregon."

Sources report Kitzhaber change-of-heart

On February 12, multiple outlets reported that Kitzhaber told aides on the 8th that he would resign, requested Brown's return to Salem and met with legislative leaders on the 10th before reconsidering resignation on the 11th.

Kate Brown's February 12 statement

Brown issued a statement in the mid-afternoon on February 12 saying that her return to Oregon on February 11 was requested by Kitzhaber but that when she returned and met with him, he asked her why she had returned to the state. She described this back-and-forth as "bizarre."

The following is Brown's full statement:

"

Late Tuesday afternoon, I received a call from the Governor while I was in Washington, DC at a Secretaries of State conference. He asked me to come back to Oregon as soon as possible to speak with him in person and alone. I got on a plane yesterday morning and arrived at 3:40 in the afternoon. I was escorted directly into a meeting with the Governor. It was a brief meeting. He asked me why I came back early from Washington, DC, which I found strange. I asked him what he wanted to talk about. The Governor told me he was not resigning, after which, he began a discussion about transition. This is clearly a bizarre and unprecedented situation. I informed the Governor that I am ready, and my staff will be ready, should he resign. Right now I am focused on doing my job for the people of Oregon.

”

Legislative leaders, treasurer call for resignation

On the same afternoon as Brown's statement, Senate President Pete Courtney (D), House Speaker Tina Kotek (D) and State Treasurer Ted Wheeler (D) called on Kitzhaber to resign from office. The trio announced their support for Kitzhaber's resignation following an emergency caucus of state Democrats. Wheeler made the following statement to The Oregonian:

"	It is with deep sadness that I ask Governor John Kitzhaber to resign his position as Governor of Oregon. He has accomplished many great things during his long career, and history will be kinder to him than current events suggest. Unfortunately, the current situation has become untenable, and I cannot imagine any scenario by which things improve. Oregon deserves a Governor who is fully focused on the duties of state. I hope the Governor will do the right thing for Oregon and its citizens.	”
—The Oregonian, (2015)

Attempted deletion of personal emails

A records request by Willamette Week and 101.9 FM KINK in Oregon found that the governor's office ordered the deletion of emails from Kitzhaber's personal account on February 5. The order, sent by executive assistant Jan Murdock, asked for all messages in Kitzhaber's personal email to be removed from servers. Several supervisors at the Department of Administrative Service's Technology Support Center refused to comply with the order. Any personal emails used to discuss government business would be considered public records according to the state's open records laws.

Attorney general order for Hayes emails

On February 12, Rosenblum ordered Hayes to deliver personal emails related to state business to The Oregonian following a public records request by the newspaper on December 29, 2014. Attorney Whitney Boise, speaking on behalf of Hayes, argued to Rosenblum that his client's emails were private because she was not a public official. This claim was rejected by Rosenblum's office, which issued the order based on the fact that Hayes worked "extensively on government matters." Hayes had to comply with the attorney general's order or seek an injunction by February 19.

February 13 resignation

Kitzhaber announced his resignation from the governor's office on the morning of Friday, February 13. His resignation became effective on Wednesday, February 18. In a statement to the media, Kitzhaber stated:

"	I am announcing today that I will resign as Governor of the State of Oregon. It is not in my nature to walk away from a job I have undertaken – it is to stand and fight for the cause. For that reason I apologize to all those people who gave of their faith, time, energy and resources to elect me to a fourth term last year and who have supported me over the past three decades. I promise you that I will continue to pursue our shared goals and our common cause in another venue. I must also say that it is deeply troubling to me to realize that we have come to a place in the history of this great state of ours where a person can be charged, tried, convicted and sentenced by the media with no due process and no independent verification of the allegations involved. But even more troubling – and on a very personal level as someone who has given 35 years of public service to Oregon – is that so many of my former allies in common cause have been willing to simply accept this judgment at its face value. It is something that is hard for me to comprehend – something we might expect in Washington, D.C. but surely not in Oregon. I do not know what it means for our shared future but I do know that it is seriously undermining civic engagement in this state and the quality of the public discourse that once made Oregon stand out from the pack. Nonetheless, I understand that I have become a liability to the very institutions and policies to which I have dedicated my career and, indeed, my entire adult life. As a former presiding officer I fully understand the reasons for which I have been asked to resign. I wish Speaker Kotek and President Courtney and their colleagues on both sides of the aisle success in this legislative session and beyond. And I hope that they are truly committed to carrying forward the spirit of bipartisanship and collaboration that has marked the last four years in Oregon.	”
—Oregon Public Broadcasting, (2015)

Federal subpoena

Copy of subpoena available here

On February 12, federal prosecutors issued a subpoena to the Department of Administrative Services for emails and records from Kitzhaber, Hayes and other members of the outgoing administration. The subpoena also sought records of payments to Hayes and her firm, 3E Strategies. All subpoenaed documents were presented to a federal grand jury scheduled to convene on March 10.

Federal prosecutors end investigation with no criminal charges

On June 16, 2017, federal prosecutors ended the investigation into Kitzhaber and Hayes without pressing criminal charges. The investigation involved the U.S. Attorney's Office for Oregon, the FBI, and criminal divisions of the Justice Department and the IRS.

On June 20, 2017, the Oregon Government Ethics Commission restarted its investigation, which had been suspended in February 2015.

Ethics commission finds violation of state ethics laws

In November 2017, the ethics commission released a preliminary report outlining four counts of state ethics violations. The commission and Kitzhaber negotiated an agreement to fine Kitzhaber $1,000 for three violations. Commissioners rejected the agreement 7 to 1.

On January 5, 2018, the ethics commission unanimously voted that Hayes violated state ethics laws 22 times.

Second ethics commission report and vote

The Oregon Government Ethics Commission released a second report on February 14, 2018, expanding Kitzhaber's violations of state ethics laws from four to 11: seven counts of conflicts of interest, three counts of misuse of office for financial gain, and one count of improper gift receipt.

On February 16, the ethics commission voted unanimously that Kitzhaber committed 10 of the 11 ethics violations detailed in the report. The commission dropped one alleged violation—allowing a staff member to care for Hayes’ pets.

Before the commission's vote, Kitzhaber acknowledged responsibility for 10 out of 11 alleged violations but disputed that he had used his public office for personal gain.

Ethics violations can result in up to $5,000 in fines per violation if there is no appeal or settlement. An appeal would go to the state Office of Administrative Hearings. If the results were still disputed, an appeal would go to the Oregon Court of Appeals and then to the Oregon Supreme Court.

On March 28, 2018, Kitzhaber agreed to pay a $20,000 fine in a negotiated settlement.

Timeline

Date	Event
May 10, 2013	Cylvia Hayes signs contract with New York-based think tank Demos
May 13, 2013	Hayes emails Oregon Department of Administrative Services (DAS) head Michael Jordan to set up meeting for Demos-backed Genuine Progress Indicator (GPI)
October 30, 2013	Hayes requests $125,000 to launch GPI in email to Jordan
December 30, 2013	Kitzhaber lobbies Jordan to hire Demos consultant Sean McGuire in email
October 13, 2014	Kitzhaber requests investigation by Oregon Government Ethics Commission
October 15, 2014	Oregon Republican Party files official ethics complaint
October 16, 2014	State Rep. Vicki Berger (R) files official ethics complaint
October 30, 2014	Democratic primary opponent Ifeanyichukwu Diru (D) files official ethics complaint
November 4, 2014	Kitzhaber defeats Dennis Richardson (R) by 5.8 percent for re-election
December 29, 2014	The Oregonian files public records request for Hayes' emails
January 28, 2015	Hayes confirms $118,000 in unreported payments from Clean Economy Development Center
February 4, 2015	The Oregonian calls for Kitzhaber's resignation
February 5, 2015	Executive assistant asks DAS tech staff to destroy governor's personal emails
February 6, 2015	Oregon Department of Administrative Services releases Kitzhaber/Hayes emails
February 6, 2015	Former Richardson aides file petition for Kitzhaber recall
February 8, 2015	Kitzhaber reportedly tells aides that he plans to resign
February 9, 2015	Attorney General Ellen Rosenblum (D) orders investigation
February 11, 2015	Secretary of State Kate Brown (D) returns to Oregon from Washington, D.C.
February 11, 2015	Kitzhaber announces that he will not resign despite media speculation
February 12, 2015	Brown makes statement calling situation with Kitzhaber "bizarre and unprecedented"
February 12, 2015	Senate President Pete Courtney (D), House Speaker Tina Kotek (D) and State Treasurer Ted Wheeler (D) ask for Kitzhaber's resignation
February 12, 2015	Rosenblum orders Hayes to deliver emails related to state business to The Oregonian
February 13, 2015	Kitzhaber announces resignation from office effective February 18
February 18, 2015	Brown replaces Kitzhaber as governor
March 10, 2015	Deadline for evidence requested by federal prosecutors for grand jury
March 13, 2015	Scheduled meeting of ethics committee to determine need for full investigation
June 16, 2017	Federal prosecutors end investigation without pressing criminal charges
June 20, 2017	Oregon Government Ethics Commission resumes investigation
November 17, 2017	Ethics commission rejects settlement with Kitzhaber
January 5, 2018	Ethics commission finds Hayes violated state ethics laws 22 times
February 16, 2018	Ethics commission votes that Kitzhaber committed 10 ethics violations
March 28, 2018	Kitzhaber settles with the Oregon Government Ethics Commission, agreeing to pay a $20,000 fine

How succession would be determined

Kate Brown assumed office as Kitzhaber's replacement as the Oregon Secretary of State is the next in line of succession after the governor. She held the office until a special election was held in 2016. Brown won the special election to serve the remainder of the term.

Editorial calls for resignation

Editorial calls for Kitzhaber's resignation came from these sources:

• On February 4, the editorial board for The Oregonian, Oregon's largest newspaper, wrote, "Whether through gross inattention or complicity, Kitzhaber has broken faith with Oregonians. His career in Oregon politics is one of great accomplishment, but his past success does not excuse the mess he has made of the office with which Oregonians entrusted him. He is now less a governor than a source of unending distraction. He can no longer lead Oregon effectively and should resign. His constituents deserve better."

• The Yamhill Valley News Register weighed in with their call for Kitzhaber's resignation on February 6. They wrote, "Your fiancée, Cylvia Hayes, took unconscionable advantage of the status you bestowed on her as trusted adviser, Oregon’s First Lady and, indeed, even as life partner. And thanks to a concerted effort to contain the damage, what began as a drip of bad press has turned into a torrent of scandalous exposés. You have ardently resisted coming straight and, frankly, that no longer surprises us. While you have enjoyed many successes, your once-admirable legacy has become soiled by your refusal to recognize and rectify wrong turns."

• The Oregonian issued a renewed call for Kitzhaber's resignation late in the afternoon on February 12, writing, "There is no honor in the behavior of the governor, whose sight line to voters seems as untethered as it is to his own mystified secretary of state. It is a sight line that seems blurred, as well, to his leadership in the statehouse, which, Gunderson also reported, met early Thursday and advised the governor to resign. Governor, please do resign. It's time."

Statements from Democrats

• Peter Courtney, the Democratic president of the Oregon State Senate: "The governor is facing serious challenges and he’s hurting. I want to be fair. I want to be compassionate. I want to do my job the best I can. I will not speculate on his future."

• Barbara Roberts, a former Governor of Oregon: "The governor has said he is not resigning, but sometimes you make a statement like that before you understand how much is at stake in terms of your long-term reputation and in terms of the state — doing what’s right for the state of Oregon."

• Kate Brown: "This is clearly a bizarre and unprecedented situation."

• Ted Wheeler, Oregon's elected State Treasurer: "It is with deep sadness that I ask Governor John Kitzhaber to resign his position as Governor of Oregon. He has accomplished many great things during his long career, and history will be kinder to him than current events suggest. Unfortunately, the current situation has become untenable, and I cannot imagine any scenario by which things improve. Oregon deserves a Governor who is fully focused on the duties of state. I hope the Governor will do the right thing for Oregon and its citizens."

• Tina Kotek, the state house majority leader, met with Kitzhaber on February 12 and said it was time for him to resign.

Gubernatorial resignations in Oregon

See also: Governor of Oregon

There have been five governors in the state's history who resigned prior to the conclusion of their terms. The most recent case of John Kitzhaber, who resigned due to an ethics and criminal investigation concerning conflicts of interest related to his fiancee and advisor Cylvia Hayes, was the first gubernatorial resignation in Oregon since 1952. The following table details these governors and their reasons for leaving office:

Gubernatorial resignations in Oregon history
Governor	Party	End of last term	Resignation year	Reason
Lafayette Grover	Democratic	1879	1877	Appointment to U.S. Senate
George Earle Chamberlain	Democratic	1911	1909	Appointment to U.S. Senate
Frank Benson	Republican	1911	1910	Illness
James Douglas McKay	Republican	1953	1952	Federal appointment
John Kitzhaber	Democratic	2019	2015	Ethics and criminal investigation

Recent news

This section links to a Google news search for the term "John + Kitzhaber + Oregon + Governor + resignation"

John Kitzhaber Resignation News Feed

See also

• Speculation rising about potential resignation of embattled Oregon Gov. John Kitzhaber
• John Kitzhaber recall, Oregon (2015)
• Governor of Oregon
• John Kitzhaber
• Judges appointed by John Kitzhaber
• United States gubernatorial resignations