Oakland Public Ethics Commission Meeting – July 30, 2018

The Oakland Public Ethics Commission met on Monday, July 30, 2018, at 6:30 PM in Hearing Room 1 at City Hall. The commission addressed enforcement cases, the Limited Public Financing Program for the November 2018 election, subcommittee reports, and heard public testimony. Key actions included closing two sunshine mediation cases, setting an administrative hearing for a candidate who repeatedly failed to file campaign statements, and approving meeting minutes.

Consent Calendar

• Approval of June 4, 2018, Meeting Minutes: The commission unanimously approved the minutes with a correction (motion 5-0, two abstentions).

Public Comments & Testimony

• Open Forum: Ms. Olibala criticized the commission’s complaint process, alleging bias and lack of transparency. She stated she had no confidence in the handling of her case.
• During Case 17-05 (City Council): Ms. Olibala, the complainant, argued that the Oakland Sunshine Ordinance requires public comment before any vote, including scheduling motions, and that the city attorney’s legal opinion and the staff’s investigation misrepresented the law. Ralph Kanz questioned the city attorney’s independence and noted that rescheduling an item without 10-day notice could be a Sunshine Ordinance violation.
• During Cases 17-23M and 17-24M (McElhaney and Kaplan): Ralph Kanz expressed concern that it took two months for records to be provided and that the root cause—whether the RecordTrac system or office inaction—remains unclear.

Discussion Items

• Limited Public Financing Program (Item 5): Ethics Analyst Jelani Killings presented the program overview for the 2018 election. The Election Campaign Fund holds about $198,334, with $183,459 available after administrative costs. There are 18 declared candidates in Districts 2, 4, and 6; the estimated per-candidate amount is roughly $10,192 if all participate. A special meeting on August 23, 2018, at 6 PM will certify the fund adequacy and set a disbursement plan. No vote was taken; the item was informational.
• Case 17-05 – City Council (Alleged Sunshine Violation): Deputy Director Milad Dalju recommended closing the case. The investigation found that a January 23, 2017, council vote to reschedule two items did not require public comment under the Brown Act and Sunshine Ordinance, citing the appellate case Coalition of Labor, Agriculture and Business v. County of Santa Barbara. Commissioners discussed that the Sunshine Ordinance could be strengthened, but under current law, no violation occurred. The commission voted to close the case.
• Case 17-11 – Dr. Renato Almanzor (Campaign Statement Violations): Staff found probable cause for seven violations of the Oakland Campaign Reform Act for failing to file semiannual campaign statements between October 2014 and December 2017. Dr. Almanzor, an unsuccessful 2014 OUSD candidate, had $1,500 in unaccounted campaign funds. Despite multiple notices from the City Clerk and PEC staff, he has not responded. The commission voted to set the matter for an administrative hearing before the full commission, with the format and date to be determined by the chair. Staff were directed to continue efforts to locate the respondent, including using certified mail and informal online searches.
• Case 17-23M – Lynette Gibson McElhaney (Public Records Mediation): A complainant filed after receiving no response to a November 2017 public records request about dog parks. Mediation began January 11, 2018; records were provided January 22, and the complainant confirmed no outstanding issues. The commission voted to close the matter.
• Case 17-24M – Rebecca Kaplan (Public Records Mediation): Similar to the McElhaney case, the request was initially misdirected. After Commission Staff contacted Kaplan’s office, records were released on January 12 and January 29, 2018. The complainant had no further concerns. The commission voted to close.
• Subcommittee Reports:
  • Campaign Finance: Chair Stein reported over 550 survey responses, including 42 new social media followers and outreach at the Art & Soul festival. The subcommittee will meet to analyze results and plan next steps.
  • Education and Outreach: Commissioner Nishioka reported successful outreach at Art & Soul, where commissioners engaged the public and collected surveys.
  • Penalty Guidelines: Commissioner Crowfoot noted that the subcommittee (now two members after Commissioner Bryce’s resignation) is reviewing penalty caps in current codes and comparing with other cities. A draft discussion is targeted for the September regular meeting.
  • Complaint Procedures: Staff provided recommendations to the subcommittee; a response from remaining members is expected shortly.

Key Outcomes

• Approved June 4, 2018, meeting minutes (unanimous)
• Closed Case 17-05 (City Council) without further action (unanimous)
• Set Case 17-11 (Dr. Renato Almanzor) for administrative hearing before the full commission; chair to determine format and date; staff to redouble contact efforts (unanimous)
• Closed Case 17-23M (Lynette Gibson McElhaney) without further action (unanimous)
• Closed Case 17-24M (Rebecca Kaplan) without further action (unanimous)
• Scheduled special meeting for August 23, 2018, at 6 PM (location TBD) to determine Limited Public Financing fund adequacy and disbursement.
• Next regular meeting set for September 11, 2018 (second Tuesday due to Labor Day).