Oakland Public Ethics Commission Regular Meeting - May 6, 2019

The Oakland Public Ethics Commission held its regular meeting on Monday, May 6, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall. Commissioners present included Chair Jodie Smith, Vice-Chair James E.T. Jackson (absent), Jill Butler, Lisa Crowfoot, Gail Kong, Nayeli Maxson, and newly appointed Commissioner Jerett Yan. Staff and the Deputy City Attorney were also present. The meeting covered a proposed amendment to the Oakland Campaign Reform Act, adoption of core values for inclusive engagement, enforcement actions including a $5,600 stipulation for campaign finance violations, and several mediation closures. Commission subcommittees reported on campaign finance reform and partnerships.

Consent Calendar

• Approval of Minutes: The Commission unanimously approved the March 4, 2019 regular meeting minutes (5-0) and the April 4, 2019 retreat meeting minutes as amended (changing "unnecessary enforcement" to "eliminate problems before enforcement is needed") without opposition.

Public Comments & Testimony

• No public comments were made during Open Forum.
• During discussion of the PEC Core Values for Inclusive Engagement, a public speaker suggested linking the values to a mission statement to highlight the Commission's proactive educational role.
• No public comments were offered on the 11 West Partners enforcement matter or any of the three mediation closures.

Discussion Items

• Council President Kaplan's Proposed Amendments to the Oakland Campaign Reform Act (OCRA): Bobbi Lopez, Policy Director for Council President Rebecca Kaplan, presented proposed amendments adding Sections 3.12.116 and 3.12.117 to OCRA. The amendments would require disclosure of up to five principal officers for non-candidate-controlled committees (ballot measure and independent expenditure committees) and impose new reporting requirements for City officials (Form 700 filers) who solicit campaign contributions from entities doing or seeking business with the City. Commission staff expressed support in concept and worked with the author’s office on technical clarifications, including aligning terms with state law and extending the reporting timeline from 10 to 30 days. Commissioners discussed scope, definitions, and funding implications. The Commission voted to support the amendments contingent on further refinement by staff in collaboration with the council office.
• PEC Core Values for Inclusive Engagement: Following the April 4 retreat, staff presented draft values. Commissioners supported the concept and requested simplified, visual wording for use on speaker cards and at meetings. The item was referred back to staff for refinement and will return for formal approval.
• Enforcement - In the Matter of 11 West Partners, LLC (Case No. 18-19): The Commission adopted a stipulation, signed by the respondent, imposing a $5,600 administrative penalty for exceeding the $800 contribution limit ($2,400 overage) and violating the contractor contribution ban ($3,200). The violations involved contributions to Libby Schaaf’s 2018 mayoral campaign directed by Adam Goldenberg across four affiliated entities. Mitigating factors included lack of intent, full cooperation, and no prior record. The penalty combined the unlawful amounts without additional $1,000 baseline fines.
• Mediation Closures: Three mediation matters were closed without further action after requesters confirmed receipt of requested records:
  • Amber Todd (Case No. 18-25M): Finance Department provided a spreadsheet with 25,395 entries responsive to a July 22, 2018 request.
  • Oakland Police Department (Case No. 18-26M): OPD eventually disclosed all responsive records after a 15-month delay; an additional request for an oral interview was not covered by the Sunshine Ordinance.
  • Amber Todd (Case No. 18-30M): Finance Department provided a spreadsheet with 24,371 entries responsive to a September 11, 2018 request.
• Subcommittee Reports:
  • Campaign Finance Subcommittee: Chair Maxson outlined options for public financing reform, ranging from a preliminary report to a comprehensive ballot measure. The Commission discussed leveraging momentum from the Bay Area Political Equality Collaborative (BayPEC) and community partners. Commissioners expressed varying views on scope, need for broader community input, and feasibility of funding (e.g., general fund vs. new revenue). No formal action was taken; the subcommittee will continue deliberating.
  • Ad Hoc Partnerships Subcommittee: (Commissioners Kong, Maxson, Crowfoot) Reported that they are developing a list of potential partners and will reconvene after the May 8 BayPEC meeting to align with campaign finance planning.
• Information Items:
  • Education and Engagement Program: Staff reported on compliance checks, e-filing prototypes for lobbyist and behested payment data, and upcoming OpenOakland Day of Service on May 11.
  • Enforcement Program: Enforcement Chief Johnson highlighted progress in prioritizing new cases and resolving older matters. The Commission noted improved reporting clarity.
  • Executive Director's Report: Director Barazoto announced that the Mayor’s proposed budget included a one-time $100,000 allocation for 2020 election-related expenses, but did not include requested staffing increases.

Key Outcomes

• Approved March 4 and April 4 meeting minutes.
• Voted to support Council President Kaplan’s OCRA amendments, with direction to staff to finalize technical amendments in coordination with the author’s office.
• Referred Core Values for Inclusive Engagement back to staff for shortening and visualization, to return at a future meeting.
• Approved stipulation in 11 West Partners, LLC with a $5,600 penalty for campaign contribution limit and contractor ban violations.
• Closed three mediations without further action (Cases 18-25M, 18-26M, 18-30M).
• No formal action on campaign finance reform options; subcommittee to continue exploring with BayPEC and report in June.
• Received and filed information reports on education, enforcement, and executive activities.