Oakland Public Ethics Commission Regular Meeting – March 4, 2019
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Oakland Public Ethics Commission Regular Meeting – March 4, 2019
The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, March 4, 2019 at 6:32 p.m. at City Hall, Hearing Room 1. The meeting was called to order with Commissioners Jodie Smith (Chair), James E.T. Jackson (Vice-Chair), Lisa Crowfoot, Gail Kong, and Nayeli Maxson present. Commissioner Jill Butler was absent. The meeting included approvals, public comment, discussions on the mediation program and a budget letter, subcommittee reports, and information reports. The meeting closed at 9:05 p.m. after a closed session to evaluate the Executive Director's performance.
Staff and Commission Announcements
- Executive Director Whitney Barazoto introduced the new Enforcement Chief, Kellie F. Johnson, effective February 28, 2019. Johnson brings over 20 years of experience as a prosecutor and disciplinary counsel.
- The City Auditor’s office is recruiting to fill a vacant commissioner seat; the deadline for applications is March 14, 2019.
- Deputy City Attorney Trish Hynes reported that the City’s Oakland Campaign Reform Act (OCRA) regulates only independent expenditures for mass mailings, slate mailings, or campaign materials, not the content of ads, due to First Amendment limitations.
- Commissioner Maxson announced a Bay Area Political Equality Collaborative (BayPEC) meeting on May 8, 2019, regarding campaign finance reform.
Open Forum
- A member of the public, Ralph Cannes, spoke about a pending public records request (No. 18-3820) to the Mayor's office for Nextdoor postings. He stated that the city admitted deleted posts were not retained and that mid-process communications do not appear in the city's record request system, calling for system improvements.
Action Items
Approval of Commission Meeting Draft Minutes (February 4, 2019)
- Commissioner Kong noted a typographical error (“pain language” should be “plain language”). Commissioner Jackson moved, Commissioner Crowfoot seconded approval with the correction. The motion passed 5-0.
Mediation Program and Mediation Request Form
- Kyle McLean, Legal Extern, presented the revised Mediation Request Form, incorporating input from the February meeting. Changes included simplified language, clarification of timelines (mediation shall commence within 10 days unless impracticable), and options for terminating mediation and filing complaints.
- Commissioners suggested further improvements: adding headings, clarifying
Meeting Transcript
Good evening, everyone. Welcome to the March twenty nineteen meeting of the Public Ethics Commission. Seeing that we have more than a quorum of four, I call the meeting to order. As our first announcement, I would like to introduce and welcome our new enforcement chief. Kelly Johnson has joined just a few days ago. Would you let the audience see who you are? Wonderful. We are very glad that you're here. Absolutely. Thank you. Yes, I'm very excited to have welcomed Kelly Johnson last Thursday was her first day in the office. Kelly graduated cum law from Humboldt State University with a bachelor's in political science and then went on to law school at the University of Oregon Law School. She has served for seven years as assistant disciplinary counsel for the Oregon State Bar, and also for many years, I think it's 13 years before that, as a prosecutor for both Lane County and Multnomah County, both in Oregon. She was born and raised in Compton, so she is from California originally. She's also held a number of leadership posts and received recognition for her work to promote minorities in the legal profession. So we are very excited to have her on board and thank her for joining the commission staff. Thank you so much. Welcome. Also, as I announced last meeting also, we do have one seat open at the moment. I'll take that opportunity to note that Commissioner Butler is not with us tonight, is not feeling well, but there's one seat unfilled on the commission. That is a city auditor appointment, and her office is accepting applications through March 13th. So anyone who is interested in serving on this commission, please do contact her office about that appointment. Are there any other staff or commission announcements? Yes, Ms. Hines. Good evening, Commission Chair and Commissioners. I have one announcement that I will make following up from our meeting last week, and the second announcement, which has to do with the mediation requirement and sunshine, I'll hold off until we get to that item on the agenda. So with regard to the question from last uh month's meeting about whether OCRA, whether we have the ability to regulate ads, the content and the substance of ads through OCRA. Unfortunately, the answer to that question is no. Currently, OCRA regulates only independent expenditures for mass mailings, slate mailings, or other campaign materials which support or oppose candidates. And the committees must disclose the names of the two highest donors or contributors that total 5,000 or more. To my quick research, neither the state FPPC nor the Federal Communications Commission currently regulate the content of ads, and I have a feeling that has to do with First Amendment issues. So I just wanted to report back on that. Thank you for the follow-up. Any other staff or commission announcements? Yes, Commissioner Maxson. Uh coming up on May 8th with the Bay PEC, the Bay Area Political Equality Collaborative. It's a Wednesday, May 8th. I can mention this during the subcommittee report out also, but I wanted to just flag it as quickly as possible and make sure everyone has it on their calendar. It's coming up on May 8th, that's a Wednesday, and we can bring more information about the location at the future meeting. Commissioner Maxim, would you explain the topic of that meeting, please? So this entity came together as a coalition of several organizations that are tackling political reforms around issues like campaign finance. So if you're interested in tackling uh issues like campaign finance and community outreach to bring in a more democratic process into that whole piece of this picture, that would be a great opportunity for you to get more engaged and learn more. Thank you. Others. Okay, we will proceed to the open forum portion of our agenda. Open forum is a time for members of the public to comment on any matter that is within the PEC's jurisdiction but is not otherwise on tonight's agenda. Um commissioners cannot discuss the substance of any comment made during open forum, and that is not because we're not interested, it's simply because it's not on our agenda tonight. Um we can hear you, and we do hear you when you speak in open forum, and we invite your comments. If you wish to speak on an item that is on our agenda tonight, please wait until that item is called, and I will open the floor for public comment at that time.
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