Oakland Public Ethics Commission Meeting – December 2, 2019

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, December 2, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall. Chair Jodie Smith presided, with Commissioners James E.T. Jackson (Vice-Chair), Jill M. Butler, Gail Kong, Joseph Tuman, Nayeli Maxson Velázquez, and Jerett Yan (absent). Staff present included Executive Director Whitney Barazoto, Lead Analyst Suzanne Doran, Enforcement Chief Kellie Johnson, and Investigator Simon Russell. Deputy City Attorney Ravi Patel attended in place of Trish Hynes. The meeting covered five action items (including three stipulations and three mediation closures), a discussion on board/commission agenda compliance, subcommittee reports, and informational updates.

Consent Calendar

• Approval of Minutes (November 4, 2019): The minutes were approved unanimously (5-0, with Commissioner Butler abstaining as she was not present at the prior meeting). No public comment.

Public Comments & Testimony

• Open Forum (non-agendized items):
  • Joanne Finney and Alexis Schroeder raised concerns about the Planning Department’s handling of small wireless facility applications. They alleged that the city’s ACELA database restricts public access to application documents (requiring credentials), that public records requests take far longer than the 10-day Sunshine Ordinance target, and that a director’s report (issued August 21, 2019) is not being implemented. They provided a handout showing an incomplete city form for a cell antenna at 399 Grand Avenue, suggesting potential errors in fee collection and missing information.
  • Mark Howen, a high school student, spoke about inequities in park maintenance and public resources between wealthy and poor neighborhoods in Oakland, urging the Commission to consider how resource allocation affects communities.
  • Ralph Cannes criticized the Planning Department for what he called a pattern of obstructing public records requests, including a three-year-old complaint filed with the PEC. He alleged that the department destroys emails and uses a credential system that violates the Public Records Act.
• During Action Item 5 (Shotspotter): Ralph Cannes commented that the contractor contribution ban (enacted after a 1998 grand jury report) only penalizes contractors, not the officials who solicit contributions, and noted the lack of a contractor database to help campaigns identify prohibited donors.
• During Action Item 8 (Mayor Schaff mediation): Ralph Cannes, the requester, stated that the Mayor’s office violated the Public Records Act, destroyed public records (Government Code § 6200), and possibly misused city resources for campaign purposes. He expressed hope that the separate formal complaint would still be investigated.
• During Action Item 9 (Planning Department mediation): Ralph Cannes urged the Commission to eliminate the mediation step for public records disputes, citing state-level rejection of mandatory mediation (SB 615).

Discussion Items

• Boards and Commissions Agenda Posting Compliance: Executive Director Whitney Barazoto presented a staff review. Initially, only 19 of the city’s 31 active boards and commissions were posting agendas online; after staff outreach and direct assistance, all 31 achieved compliance. The report identified three key issues: (1) high liaison turnover and lack of formal training; (2) liaisons’ desire for more support, including a manual; and (3) confusion over the city’s two agenda-posting systems (Granicus and the new website template). Recommendations included quarterly or semi-annual liaison trainings (currently annual), a comprehensive liaison manual, and consistent web-posting guidance. Commissioners supported following up with the City Administrator’s and Mayor’s offices to ensure sustained compliance.
• Subcommittee Reports:
  • Limited Public Finance Policy Development (Commissioner Maxson Velázquez): Held a workshop with the ACLU and Alameda Labor Council; participants expressed newfound interest in campaign finance reform. The policy solution is being crafted independently by the Bay Area Political Equality Coalition.
  • Partnerships (Commissioner Kong): No update.
  • Commissioner Recruitment (Chair Smith): 14 applicants were interviewed for two PEC‑appointed vacancies opening January 2020; six finalists will be publicly interviewed at the January 6, 2020 meeting.

Key Outcomes

• Action Item 5 – Shotspotter, Inc. (Complaint No. 14‑29): The Commission approved a no‑contest stipulation with a $5,000 fine (joint and several) for violations of the Oakland Lobbyist Registration Act and Campaign Reform Act. The violations included unregistered lobbying by executives Ralph Clark and Joe Hawkins to renew and expand ShotSpotter’s contract in 2014–2015, and two $100 contributions to Councilmember Rebecca Kaplan’s ballot measure committee during the contractor contribution blackout period. Commissioner Jackson recused himself. Vote: 5 in favor, 1 abstention (Jackson). The fine incorporated aggravating factors (lack of transparency, pattern of conduct, willfulness) and mitigating factors (no prior record, full cooperation, some interactions were in response to councilmember requests).
• Action Item 6 – Jumoke Hinton Hodge (Complaint No. 17‑07): Approved a streamlined stipulation with a $500 fine for failure to file a 2016 semi‑annual campaign statement. Staff had provided extensive assistance before enforcement. Vote: 6‑0.
• Action Item 7 – Joseph Betesh (Complaint No. 19‑07): Approved a streamlined stipulation with a $2,000 fine for failure to file a major donor committee statement in 2018 (over $79,000 in expenditures related to Measure AA). Staff noted the respondent left town for months despite promised filings. Vote: 6‑0.
• Action Item 8 – Mediation: Mayor Libby Schaff (Case No. M2019‑02): The Commission closed the mediation without further action. The requester sought actual copies of Nextdoor posts (endorsements posted by the Mayor’s office during the 2018 election) but received only a spreadsheet; staff learned the posts were deleted by the Mayor’s Director of Communication and could not be retrieved. Commissioners expressed concern about the underlying ethics issues but acknowledged the mediation’s limited scope. Vote: 6‑0.
• Action Item 9 – Mediation: Housing and Community Development Department (M2019‑06): Closed without further action after the department released all responsive documents related to a property at 2451 Ivy Drive. Vote: 6‑0.
• Action Item 10 – Mediation: Councilmember Dan Kalb and Department of Transportation (M2019‑11): Closed without further action after all documents (regarding the “Worst Streets Program” paving priorities) were released. Staff noted that the requester’s office had appropriately redirected the request to the cognizant department. Vote: 6‑0.