Oakland Public Ethics Commission Regular Meeting - October 1, 2018

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, October 1, 2018, at 6:30 PM in Hearing Room 1 of City Hall. The meeting included a presentation on the Open Disclosure campaign finance visualization tool, discussion of revised Penalty Guidelines, approval of the 2019 meeting schedule, and updates on enforcement, disclosure, and education programs. The meeting adjourned at 8:32 PM.

Consent Calendar

• Approval of September 11, 2018, Regular Meeting Minutes: Approved unanimously (6-0) without discussion.

Public Comments & Testimony

• Courtney Baxter (public speaker on Penalty Guidelines): Expressed concern about the proposed increase in streamlined stipulation baseline penalties from $200 to $400, questioning whether it aligns with state guidelines and whether it might disproportionately affect small campaigns or PACs with limited financial activity. She also requested clarification on whether prior violations in different regulatory areas (e.g., gift limits vs. campaign statements) would be considered aggregated.

Presentation

• Open Disclosure Project 2018: Commission staff and OpenOakland volunteers demonstrated the updated www.opendisclosure.io website, which visualizes campaign finance data for all Oakland candidates and ballot measures in the 2018 election. The site now shows over $3.6 million in tracked contributions, includes a mobile-friendly interface, and provides detailed contributor tables, independent expenditure data, and ballot measure spending breakdowns. The team reported that the site has already attracted 300 users since launch, with average session duration increasing from 2 to over 5 minutes. Commissioners praised the tool and discussed plans for further outreach to local media and the public.

Discussion Items

• Penalty Guidelines Revision: Commissioner Lisa Crowfoot, on behalf of the Penalty Guidelines Subcommittee, presented a draft revision of the 2015 Enforcement Penalty Guidelines. Key proposed changes included:
  • Removing lobbyist violations from the streamlined stipulation program (moving them to mainline penalties).
  • Reducing the streamlined stipulation tiers from four to two, with baseline penalties increased from $200 to $400 for early compliance and $800-$1,000 for later compliance.
  • Adding a new "misuse of authority" violation category with a proposed baseline penalty of $4,000-$5,000.
  • Adding "Education and Support" as a guiding principle.
  • Consolidating factor lists and clarifying that the guidelines are advisory.
  • Commissioners discussed further refinements, including whether to allow non-monetary remedies (e.g., public service announcements) in settlements, with most opposing due to administrative complexity. The subcommittee will bring a revised draft to the November meeting.
• 2019 Regular Meeting Schedule: The Commission reviewed and approved the proposed schedule of 11 meetings (January through December, with August recess) on first Mondays at 6:30 PM in Hearing Room 1. Staff will reserve rooms and report back any adjustments.
• Subcommittee Reports:
  • Campaign Finance Subcommittee: Chair Stein reported attending a Bay Political Equality Collaborative meeting; the report on campaign finance reform is on hold due to election workload.
  • Complaint Procedures Subcommittee: Vice-Chair Smith reported a draft is forthcoming.
  • Ticket Policy Guidance Subcommittee: Executive Director Barazoto reported that Councilmember Dan Kalb has agreed to co-sponsor a resolution to reform the city's ticket distribution policy; if that fails, the Commission may draft a regulation. The subcommittee's work is on hold pending the City Council process.
  • A new ad hoc Recruitment Subcommittee was formed (Commissioners Stein, Crowfoot, and Nishioka) to review applications for the commission-appointed vacancy.

Key Outcomes

• Penalty Guidelines: No vote taken; will return for approval in November.
• 2019 Meeting Schedule: Approved unanimously.
• Recruitment Subcommittee: Created to review applications for the commission-appointed vacancy (deadline October 19, 2018).
• Ticket Policy: Staff will pursue a City Council resolution with a sponsor; if not adopted, will consider a PEC regulation.
• Expenditure Ceilings: Executive Director Barazoto announced that the expenditure ceilings were lifted in City Council Districts 2 and 4 and OUSD District 4 races due to independent expenditures, allowing candidates to raise and spend unlimited funds in those races.
• Public Financing: 11 of 12 candidates opted into the Limited Public Financing Program; staff expects 9-10 will be eligible for approximately $15,000 each.
• Disclosure: 98% compliance with the September 27 pre-election filing deadline; over $3.6 million in contributions reported for the November election.
• Enforcement: 39 open cases; two new Sunshine Ordinance mediation cases initiated; enforcement priorities remain on serious and repeated violations.
• Commissioner Vacancies: No applications received yet for the commission-appointed vacancy; the city attorney's vacancy remains unfilled; the city auditor's vacancy will occur in January 2019.