Oakland Public Ethics Commission Regular Meeting – November 4, 2019

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, November 4, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall. Six of seven commissioners were present (Commissioner Butler absent). The meeting covered enforcement actions on campaign contribution violations, mediation closures, a revision of the Commission’s Complaint Procedures, a legal presentation on ballot measure activities, subcommittee updates, and informational reports.

Public Comments & Testimony

• Sam Ferguson (Oakland resident) spoke regarding the Oakland Police Department (OPD) mediation case, noting that failure to timely respond to public records requests creates financial exposure for the city because requesters can recover attorney’s fees if they prevail in court.
• Remy Angelique Oak (Oakland resident and commission applicant) asked about the operational process for public records requests and how departments prioritize them.
• Jenny Ramachendran (Oakland resident and applicant) offered questions for future consideration regarding incidental use of city resources, email signatures, and disclosure at public events.

Discussion Items

• Approval of October 1, 2019 Meeting Minutes – Approved 5-0 (Commissioner Butler abstained as she was not present).
• In the Matter of Dana King for City Council 2014 (Case No. 15-03(b)) – Staff presented findings that the King campaign received $1,400 in contributions from Melanie Shelby and her company (Gray, Greer, Shelby & Vaughn LLC) on the same day, which aggregated to $700 over the $700 contribution limit. The campaign had been terminated. Staff recommended closing the matter with an advisory letter. The Commission voted to adopt the recommendation.
• In the Matter of Friends of Desley Brooks for City Council 2014 (Case No. 15-04) – Similar facts: the Brooks campaign received $1,400 from the same donor(s) on August 23, 2013, exceeding the limit by $700. The campaign was terminated. Staff recommended an advisory letter. The Commission voted to adopt the recommendation.
• In the Matter of the City of Oakland Finance Department (Case No. 18-37M) – Mediation regarding a redacted business tax statement. Staff determined that the redactions were lawful under O.M.C. 5.04.060 and that the requester received all non-confidential information. The Commission voted to close the mediation without further action.
• In the Matter of the Oakland Police Department (Case No. M2019-13) – Mediation concerning a public records request made on February 27, 2019. OPD did not respond until September 23, 2019, when it denied the request citing California Government Code § 6254(f) (pending/active case). Staff recommended closure. Several Commissioners expressed concern about OPD’s delays and lack of communication. The Commission voted to accept the staff recommendation and additionally directed staff to send an advisory letter to OPD citing Government Code § 6253(c) (requirement to provide an estimated date of production when a request cannot be completed within 10 days).
• Revision of Commission Complaint Procedures – Commissioners reviewed a revised draft incorporating comments from the October 1 meeting. One amendment was adopted: adding language to the Diversion Agreement section allowing the imposition of a fee to cover costs of required trainings or other actions. The Commission approved the revised Complaint Procedures as amended.
• City Attorney Presentation: Ballot Measure Activities and Misuse of Public Resources – Deputy City Attorney Trish Hynes presented an overview of legal restrictions under Oakland Charter § 603(e) and the Government Ethics Act. Topics included definitions of personal purpose, campaign activity, public resources, and the Stanson v. Mott test. Commissioners clarified permissible activities (e.g., neutral, fact-based information) and prohibited activities (e.g., using city resources for campaign work).
• Subcommittee Reports –
  • Limited Public Finance Policy Development Subcommittee (Chair Maxson Velázquez): Two workshops were held with the Alameda County Labor Council and Ella Baker Center to discuss campaign finance reform options (voucher system vs. matching system).
  • Partnerships Subcommittee (Chair Kong): No new update.
  • Commissioner Recruitment Subcommittee (Chair Smith): 15 applications received; interviews scheduled for the week of November 18; the full commission will interview finalists likely in December.

Key Outcomes

• Advisory letters issued to the Dana King and Desley Brooks campaigns for receiving aggregated contributions exceeding the $700 limit.
• Mediations closed for the Finance Department and OPD cases; OPD will also receive an advisory letter regarding its failure to provide estimated response dates as required by law.
• Complaint Procedures revised and adopted as amended, including new provisions for diversion agreements, default procedures, and hearing process details.
• Enforcement update: Since the last report, 4 formal complaints and 2 mediation requests were received; total caseload includes 17 matters in intake, 11 under active investigation, 12 under post-investigation analysis, and 10 in settlement or awaiting hearing. Year-to-date, 34 cases have been closed.
• 2020 meeting schedule reviewed; no action required.
• Upcoming December meeting will include proposed revisions to the PEC enabling ordinance and a report on sunshine compliance for online agenda postings.