OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Oakland Public Ethics Commission Regular Meeting - June 3, 2019

Public Ethics CommissionMonday, June 3, 2019
BodyOakland, California
SessionPublic Ethics Commission
DateMonday, June 3, 2019
StatusFILED
Video Record

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Transcript — Verbatim
0:00

We're gonna have to.

0:00

I want to thank you for being with us.

0:34

Good evening, everyone, and welcome to the May the June meeting of the Oakland Public Ethics Commission.

0:44

We have a quorum present of more than four commissioners, so I call the meeting to order.

0:51

First on our agenda this evening is uh time for announcements from staff and commissioners.

1:00

I have one announcement this evening, which is that we obviously have an open seat now.

1:04

Uh and that is the um the mayor's appointment uh to to this commission so that it that is presently open um upon the resignation of commissioner Lisa Crowfoot, um, whose meeting was at our our last meeting, and um so anyone who is interested in that position um should speak with the mayor's office.

1:26

Are there any other announcements from commissioners or from staff at this time next on the agenda is open forum and this is a time when members of the public may comment on any matter that is within the commission's jurisdiction that is not agendized on tonight's agenda?

1:53

Um commissioners cannot discuss the content and the substance of any comments that are made during open forum, and that is not because we are not interested in what you have to say, it's because the matter is not on our agenda.

2:10

Um and so we need to s uh only have substantive discussion and action of of matters that are on the the evening's agenda and properly posted.

2:19

However, when you speak during public comment, we can and we do hear what you have to say.

2:25

If you wish to speak on an item tonight that is on our agenda, please wait until I call that item and I will open for the floor for public comment at that time.

2:36

I'd also like to handle in advance uh to to specify how the the uh commission handles public comment.

2:44

That's both during open forum and um when we are taking each item so that everyone is confident they will be heard and will know what to expect this evening.

2:55

The purpose is pu of public comment is for the commission to hear from you, the public.

3:01

It is not a time for commissioners to talk, to answer questions or to have t dialogue.

3:06

It is a time when we listen.

3:09

So if you speak during public comment, commission commissioners may ask you a brief clarifying question.

3:15

Uh, but otherwise public comment is not a time for commissioners to talk or answer questions.

3:20

However, after the end of each public comment period, we may address questions or concerns that were raised during that that time.

3:29

So for example, I may ask the city attorney, this Trish Hines joining us this evening.

3:34

Uh I may ask her for information about an issue that has been raised in public comments, or a commissioner may address questions in a general manner uh to clarify commission policies, or I may ask staff to explain procedures, or I may request that you give your contact information to member of staff so that they may follow up with you later for uh the information relevant to your comments.

3:59

However, once each public comment period is closed, it remains closed until public comment is reopened on the next item when you as the public will again have a chance to speak.

4:11

So if there is anyone who would like to be heard during open forum tonight, please approach the the mic at this time.

4:24

And for those who are who may be watching or uh l listening after this time, we do always have an open forum um section of our agenda, and we welcome your comments at future public meetings.

4:42

The first action item on our agenda is agenda item number four, which is approval of commission meeting draft minutes.

4:50

This is from the May 6th tw uh 2019 regular meeting minutes.

4:56

Are there is there any commissioner comment on these minutes?

5:02

Is there any public comment on the minutes?

5:07

Do I have a motion from the commission to approve the minutes?

5:15

So moved.

5:16

Moved by Commissioner Kong.

5:18

Is there a second?

5:19

A second.

5:20

Thank you, Commissioner Maxson.

5:22

Any opposed?

5:24

All in favor?

5:26

Aye.

5:27

Motion carries.

5:30

Yes, let the record reflect that Commissioner Jackson is abstaining as he was not present at the meeting for which the minutes were recorded.

5:40

Action item number five is the limited public financing program audit report from the 2018 election.

5:51

There will be a report on this item, yes.

5:58

Thank you.

5:59

Thank you.

6:02

Ktoff, could you please pull up the presentation?

6:06

Good evening, Commissioners.

6:08

Um, Chair Smith and members of the Public Ethics Commission.

6:11

My name is Jennifer Lim, and I'm a performance auditor with the City of Oakland, and I'm here to present to you the results of the limited public financing act audit for the November 2018 election.

6:22

Um but before I get started, I really just wanted to take the opportunity to thank the PEC, specifically Whitney and uh ethics analyst Jelani, although he's not here today.

6:34

Um they were extremely cooperative and helpful and timely in their responses, so that really helped to kind of move along the audit.

6:42

So thank you.

6:46

Um but before I get started, I just wanted to provide a brief background on the act on the act.

6:52

Um the purpose of the LPFA is to provide funding for candidates running for Oakland City Council in an effort to ensure equal opportunity to participate, even the funding base and encourage competition in elections, amongst other goals.

7:07

Um the act has various requirements, one of which is for the city auditor to conduct mandatory post-election audits of all program participants.

7:16

Program participants are those candidates who ran for Oakland City Council and accepted public financing.

7:23

Um for the November 2018 election, there were 15 candidates who appeared on the ballot, but only 10 were actually eligible and accepted public financing.

7:33

Um in other words, there were 10 program participants.

7:36

Of the five who did not accept public financing, three chose not to participate, um, and two of them were deemed ineligible at some point in the process.

7:47

So at the beginning of the election cycle, there was approximately 183,000 available for disbursement.

7:55

So that's about $18,000 per candidate, of which candidates claimed 176,000.

Discussion Breakdown — Share of Meeting
Public Records██████████████████████22%
Public Records Management███████████████████19%
Campaign Finance█████████████████17%
Public Engagement████████████████16%
Public Financing████████8%
Procedural█████5%
Subcommittee Management████4%
Ethics and Campaign Finance███3%
Language Access██2%
Summary of Proceedings

Oakland Public Ethics Commission Regular Meeting - June 3, 2019

The Public Ethics Commission met on June 3, 2019, at 6:30 p.m. in Hearing Room 1 of Oakland City Hall. The meeting covered an audit of the Limited Public Financing Program, approval of six mediation cases, adoption of core values for inclusive engagement, and updates from subcommittees and staff. All votes were unanimous except one mediation case where a motion to send back failed.

Consent Calendar (Approval of Minutes)

  • The Commission approved the May 6, 2019 regular meeting minutes (5-0, Commissioner Jackson abstaining as he was not present at that meeting).

Public Comments & Testimony

  • One public speaker, John McKenna, commented during the discussion of mediation cases, suggesting tracking case length by department to identify systemic issues. No other public comments were made.

Action Items

Audit of Limited Public Financing Program for 2018 Election

  • Assistant City Auditor Mike Edmonds and Performance Auditor Jennifer Lim presented the audit. The audit found overall controls adequate but identified two minor issues: (1) six out of ten candidates submitted financial statements that did not reconcile, and one candidate overpaid by approximately $150; (2) three candidates deposited reimbursement checks between 5 and 17 days after receipt, exceeding the three-day requirement. Four recommendations were made, and staff agreed to implement them. The Commission voted unanimously to accept the report.

Mediation Cases (6 items)

  • The Commission closed six mediations without further action, each on a 6-0 vote, except for Case 18-39M where a motion to send back for IT search verification failed (2-4) and the staff recommendation then passed (5-0, Commissioner Maxson abstaining). Case 18-39M involved a request for records on the 2015 Noncompliant Rental Project; the requester was dissatisfied with a redacted phone number but records were produced.
  • Other cases: 18-02M (Mayor's Office/OPD – 10-month delay, records produced); 18-06M (City Administrator/Planning – over 1-year delay, 2,436 pages produced); 18-24M (Finance Dept – three spreadsheets of 25,000-26,000 entries each, plus one record from Councilmember Kalb's office); M2019-03 (City Clerk – Mayor's ballot argument, records produced after 3 months); M2019-10 (Human Resources – 13 records produced after mediation initiation).

Core Values for Inclusive Engagement

  • The Commission adopted a simplified set of core values for public communications: Collaborative Community, Joint Accountability, Open Mindset, Inclusive Design, and Proactive Transparency. The motion passed 6-0.

Discussion Items

Reports on Subcommittees and Commissioner Assignments

  • Campaign Finance Subcommittee update: Commissioner Maxson reported on a BayPEC meeting, discussions with ACLU and foundations, and a timeline for reform by end of 2020. Two information documents were created for community outreach.
  • The Commission dissolved the standing Campaign Finance Subcommittee and created an ad hoc Limited Public Finance Policy Development Subcommittee (Chair Maxson, members Butler and Jackson). The Subcommittee on Partnerships was reconstituted with Chair Kong and member Smith.

Information Items

Education and Engagement Program

  • Lead Analyst Suzanne Doran reported on compliance reviews of board/commission agenda postings, lobbyist e-filing, and community outreach events with the League of Women Voters.

Enforcement Program

  • Enforcement Chief Kellie Johnson reported caseload: 18 matters in intake/preliminary review, 8 under investigation, 18 under post-investigation analysis, 6 in settlement or awaiting hearing, and 16 ongoing records request mediations. She noted an increase in proactive cases and that staff will propose enforcement procedure revisions later in the year.

Executive Director’s Report

  • Whitney Barazoto introduced summer interns Meredith Wang and Casey Petersen, noted the departure of Mediation Coordinator Kyle McLean, and updated on changes to FPPC ticket distribution regulations that were influenced by the PEC’s report.

Key Outcomes

  • Approved minutes of May 6, 2019 (5-0).
  • Accepted the Limited Public Financing Program audit report (6-0).
  • Closed six mediation cases (all passed with votes as described).
  • Adopted core values for public communications (6-0).
  • Reconfigured subcommittees: created ad hoc Limited Public Finance Policy Development Subcommittee and reconstituted Partnerships Subcommittee.
  • Staff to bring enforcement procedure revisions later in 2019.
  • Staff to pursue ticket policy amendments with City Council, incorporating new FPPC regulations.

Meeting Transcript

We're gonna have to. I want to thank you for being with us. Good evening, everyone, and welcome to the May the June meeting of the Oakland Public Ethics Commission. We have a quorum present of more than four commissioners, so I call the meeting to order. First on our agenda this evening is uh time for announcements from staff and commissioners. I have one announcement this evening, which is that we obviously have an open seat now. Uh and that is the um the mayor's appointment uh to to this commission so that it that is presently open um upon the resignation of commissioner Lisa Crowfoot, um, whose meeting was at our our last meeting, and um so anyone who is interested in that position um should speak with the mayor's office. Are there any other announcements from commissioners or from staff at this time next on the agenda is open forum and this is a time when members of the public may comment on any matter that is within the commission's jurisdiction that is not agendized on tonight's agenda? Um commissioners cannot discuss the content and the substance of any comments that are made during open forum, and that is not because we are not interested in what you have to say, it's because the matter is not on our agenda. Um and so we need to s uh only have substantive discussion and action of of matters that are on the the evening's agenda and properly posted. However, when you speak during public comment, we can and we do hear what you have to say. If you wish to speak on an item tonight that is on our agenda, please wait until I call that item and I will open for the floor for public comment at that time. I'd also like to handle in advance uh to to specify how the the uh commission handles public comment. That's both during open forum and um when we are taking each item so that everyone is confident they will be heard and will know what to expect this evening. The purpose is pu of public comment is for the commission to hear from you, the public. It is not a time for commissioners to talk, to answer questions or to have t dialogue. It is a time when we listen. So if you speak during public comment, commission commissioners may ask you a brief clarifying question. Uh, but otherwise public comment is not a time for commissioners to talk or answer questions. However, after the end of each public comment period, we may address questions or concerns that were raised during that that time. So for example, I may ask the city attorney, this Trish Hines joining us this evening. Uh I may ask her for information about an issue that has been raised in public comments, or a commissioner may address questions in a general manner uh to clarify commission policies, or I may ask staff to explain procedures, or I may request that you give your contact information to member of staff so that they may follow up with you later for uh the information relevant to your comments. However, once each public comment period is closed, it remains closed until public comment is reopened on the next item when you as the public will again have a chance to speak. So if there is anyone who would like to be heard during open forum tonight, please approach the the mic at this time. And for those who are who may be watching or uh l listening after this time, we do always have an open forum um section of our agenda, and we welcome your comments at future public meetings. The first action item on our agenda is agenda item number four, which is approval of commission meeting draft minutes. This is from the May 6th tw uh 2019 regular meeting minutes. Are there is there any commissioner comment on these minutes? Is there any public comment on the minutes? Do I have a motion from the commission to approve the minutes? So moved. Moved by Commissioner Kong. Is there a second? A second. Thank you, Commissioner Maxson. Any opposed? All in favor? Aye. Motion carries. Yes, let the record reflect that Commissioner Jackson is abstaining as he was not present at the meeting for which the minutes were recorded. Action item number five is the limited public financing program audit report from the 2018 election. There will be a report on this item, yes. Thank you. Thank you. Ktoff, could you please pull up the presentation? Good evening, Commissioners. Um, Chair Smith and members of the Public Ethics Commission. My name is Jennifer Lim, and I'm a performance auditor with the City of Oakland, and I'm here to present to you the results of the limited public financing act audit for the November 2018 election. Um but before I get started, I really just wanted to take the opportunity to thank the PEC, specifically Whitney and uh ethics analyst Jelani, although he's not here today. Um they were extremely cooperative and helpful and timely in their responses, so that really helped to kind of move along the audit.

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