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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Oakland Public Ethics Commission Regular Meeting Summary - January 6, 2020

Public Ethics Commission — Monday, January 6, 2020

BodyOakland, California

SessionPublic Ethics Commission

DateMonday, January 6, 2020

StatusFILED

Video Record

0:00 / 4:22:18

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

3:18

Oh no, we can't yourself someone else comes in.

4:39

I didn't know you didn't want to be okay.

5:00

Good evening.

5:01

This is the January meeting of the Oakland Public Ethics Commission.

5:05

It is now called to order.

5:08

We have a quorum of five commissioners.

5:11

Commissioner Tuman will not be with us this evening, and Commissioner Maxim Velasquez will be joining us momentarily.

5:21

Are there any staff or commission announcements this evening?

5:28

Seeing none, we'll move to open forum.

5:31

And open forum is the time when members of the public can speak on any item that is not on our agenda tonight.

5:45

Just a couple of notes.

5:53

And that is not because we're not interested in what you have to say, but it's precisely because it is not on tonight's agenda that we would not be able to discuss it.

6:03

But we do hear what you have to say, and we are interested in it.

6:07

And we um take that into consideration and it often forms the uh agenda items for future meetings.

6:15

I also want to clarify how we handle public comment at the ethics commission, both during open forum and during the public comment periods on each item.

6:26

So the the purpose of public comment is for us to hear from you, the public.

6:31

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

6:37

Um it is primarily a time for us to listen.

6:40

So we may ask you a brief clarifying question during public comment about something that you have said, um, but it is not a time that we will otherwise talk to one another or engage in dialogue.

6:53

However, after the close of each public comment period, we may address questions or concerns that have been raised during the public comment period.

7:02

So I may ask the city attorney for information um on an issue that has been raised.

7:08

A commissioner may ask questions in a general manner manner or may answer questions in a general manner that clarify the commission's policies or procedures, or I may ask staff to explain an issue or for you to give your contact information to staff for follow-up, something along those lines.

7:27

However, once each public comment period is over, it remains closed, and then it will be opened again when the following agenda item is called.

7:38

So is there anyone who would like to speak uh tonight during open forum?

7:43

I have one card for uh Mr.

7:46

Gene Hazard, if you will please approach.

8:15

Commissioner Max and Velasquez who will be joining us.

8:18

Thank you.

8:25

Happy New Year, Jean has it for the record.

8:28

Little CleanOaken.com.

8:30

What I've given you uh right now, I'm going to be addressing later on, but the comments right now uh is in respect to uh and that will be on uh Ms.

8:42

Johnson's uh report um related to a dismissal of my case.

8:51

Um and the question I want to put before you right now, in as much as she indicated that it's an informational report.

9:01

However, she closed the case and dismissed the case.

9:06

And I don't know why it's an informational part, because if I'm not mistaken, the body still has a final say in terms of the disposition, although she may have made a decision recommending what uh she found, so I wasn't quite sure how to deal with that inasmuch as she indicated that this it would be an informational report.

9:36

And I don't know how it would be an informational report if she made a decision, so that will still be outstanding until the body makes a determination whether or not you want to either support what her finding was or uh reverse and say that's send it back to her for further review.

10:00

So that's that packet right there is going to relate to when she brings the report uh as an informational item, although she made a decision to close.

10:15

So my question is although the enforcement chief said she's closing and dismissing the item.

10:24

Does the body of commissioners still have the final say with the disposition of whatever decision was?

10:35

Thank you, Mr.

10:36

Hazard.

10:36

Is there any other comment for open forum?

10:41

Let the record reflect that Commissioner Maxim Velasquez has joined us.

10:52

The next item on our agenda and the the first action item this evening is the approval of the minutes from our December meeting.

11:01

Commissioners, were there any edits, changes or comments on these?

11:09

Move approval.

11:11

As submitted.

11:11

Thank you.

11:12

Is there a second?

11:13

Second.

11:15

Let's see, let's slow down just a moment.

11:18

I need to take public comment on this item.

11:21

Um is there any public comment on the minutes from the December meeting?

11:28

Okay.

11:29

So if there could be a motion.

11:31

Move approval of the minutes as submitted.

11:33

Thank you.

11:34

A second?

11:35

I second.

11:35

Thank you.

Discussion Breakdown — Share of Meeting

Public Ethics███████████████████████████27%

Campaign Finance████████████12%

Procedural███████████11%

Economic Interest Disclosure█████████9%

Public Comment████████8%

Enforcement Program Report████████8%

Community Engagement█████5%

Public Engagement█████5%

Charter Reform███3%

Summary of Proceedings

Oakland Public Ethics Commission Regular Meeting Summary - January 6, 2020

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, January 6, 2020, at 6:30 p.m. in Hearing Room 1 of Oakland City Hall. The meeting was called to order at 6:30 p.m. and adjourned at 10:52 p.m. Commissioners present: Jodie Smith (Chair), James E.T. Jackson, Jill M. Butler, Gail Kong, and Jerett Yan. Commissioner Nayeli Maxson Velázquez arrived at 6:40 p.m. Commissioner Joseph Tuman was absent. Staff present: Executive Director Whitney Barazoto, Lead Analyst Suzanne Doran, and Enforcement Chief Kellie Johnson. City Attorney staff: Trish Hynes.

Open Forum

Gene Hazard (CleanOaken.com) spoke during Open Forum, questioning the enforcement dismissal process and whether the Commission retains final say on case dispositions when staff dismisses a complaint. He later provided detailed comments during the Enforcement Program report.

Action Items

Approval of December 2, 2019 Minutes

Commissioner Jackson moved, Commissioner Kong seconded, and the minutes were approved 5-0. Commissioner Yan abstained because he was not present at the December meeting.

Election of Officers (Chair and Vice-Chair) for 2020

Chair Smith nominated Commissioner Jackson for Chair; he accepted. One public speaker (Gene Hazard) objected that outgoing commissioners should not participate in electing officers for the incoming body. City Attorney Trish Hynes clarified that under Operations Policies, election must occur at the first regular meeting each year, and terms end January 21, 2020, with new members taking office January 22, 2020. The motion passed 4-0 (Commissioner Jackson abstained).
Chair Smith nominated Commissioner Maxson Velázquez for Vice-Chair; she accepted. After one public comment, the motion passed 4-0 (Commissioner Maxson Velázquez abstained).

New Commissioner Selection

The ad-hoc recruitment subcommittee received 15 applications, interviewed 14 (one disqualified due to City employment), and selected six finalists. Each finalist gave a four-minute introduction and answered Commissioner questions:
- Sam Ferguson: Attorney with experience in public financing of elections (Berkeley Fair Elections Coalition); expressed interest in transparency audits.
- Rimi Koka: Corporate executive, new U.S. citizen, emphasized underrepresented voices and community engagement.
- Michael MacDonald: Assistant City Clerk of Berkeley, filing officer, with experience in campaign finance, ethics, and lobbying registration.
- Arvon Perteet: Oakland native, former federal/state prosecutor, emphasized investigation experience and education.
- Janani Ramachandran: Third-year law student, public interest background, focused on fighting corruption and campaign finance reform.
- Steven Selna: Attorney and former managing partner, emphasized transferable leadership, education, and advocacy skills.
The Commission voted by ballot. Michael MacDonald was selected for the first seat; Janani Ramachandran was selected for the second seat. Commissioner Maxson Velázquez moved to appoint both, seconded by Commissioner Jackson; the motion passed 6-0. Their terms begin January 22, 2020.

In the Matter of Michael Colbruno (Case No. 16-01)

Enforcement Chief Kellie Johnson presented the case, recommending a $12,000 administrative penalty for 12 violations of the Lobbyist Registration Act (failure to timely file registration forms and quarterly reports in 2012–2015).
Hearing Officer Commissioner Jackson had issued a proposed decision (Attachment 10) recommending a $5,250 penalty.
Respondent Michael Colbruno and his attorney Clinton Killian argued for a lower penalty, emphasizing prompt correction and no intent to deceive.
Ralph Kanz, the complainant, stated his original complaint concerned solicitation of campaign contributions, which he said was not investigated.
After deliberation, Commissioner Maxson Velázquez moved to adopt the findings and impose a fine of $9,000 (i.e., $750 per violation). The motion failed 3-3.
Commissioner Butler then moved to adopt the hearing officer’s findings of fact and impose a $10,000 fine, seconded by Commissioner Yan. The motion passed 5-1, with Commissioner Jackson voting against.

Proposed Amendments to the PEC Ordinance (OMC Chapter 2.25/2.24)

Executive Director Barazoto presented draft amendments to align the enabling ordinance with the 2014 City Charter changes and to codify administrative enforcement and collections procedures. Note: The agenda and minutes reference Chapter 2.25, while the attached staff memorandum and draft ordinance refer to OMC Chapter 2.24; this discrepancy was not discussed in the meeting.
Staff requested additional time for review due to the lengthy agenda. Commissioner Butler moved to reconsider the item at the February meeting, seconded by Commissioner Jackson; the motion passed 6-0.

Discussion Items

OCRA Limits Adjustment (2020)

Staff provided an informational report on the annual adjustment to Oakland’s campaign contribution and expenditure limits based on the Consumer Price Index (CPI). Final 2020 limits will be calculated and published after the Bureau of Labor Statistics releases 2019 CPI data in January 2020. No Commission action was required.

Reports on Subcommittees and Commissioner Assignments

Limited Public Finance Policy Development Subcommittee (Commissioner Maxson Velázquez, Chair): She reported communicating with the coalition working on a potential public financing ballot measure; they may provide an update at the February meeting.
Subcommittee on Partnerships: Chair Smith dissolved the subcommittee (no update).
Commissioner Recruitment Subcommittee: With two new Commissioners selected, Chair Smith dissolved the subcommittee.

Information Items

Disclosure and Engagement Report

Lead Analyst Suzanne Doran presented a year-end summary, highlighting proactive ethics outreach to elected officials, board/commission compliance assistance, and development of a lobbyist e-filing system. The report noted all 11 elected officials filed Form 700 on time and 100% of boards/commissions now meet online agenda posting requirements.

Enforcement Program Report

Enforcement Chief Kellie Johnson reported that all cases initiated in 2014 and 2015 have been closed. The total enforcement caseload is 52 matters.
Gene Hazard, complainant in Case No. 19-19 (Oakland Promise), voiced concerns about the staff dismissal of his complaint, alleging that Oakland Promise is not a recognized nonprofit and that public funds were improperly allocated. He provided documents and requested reconsideration.
Commissioner Maxson Velázquez requested that staff bring the dismissal of Case No. 19-19 back at the next regular meeting for further review.
Commissioner Jackson moved to adjourn the meeting and move the remaining items (Executive Director’s Report and Commissioner Farewell) to the next meeting, seconded by Commissioner Kong; the motion passed 6-0.

Key Outcomes

Approved December 2, 2019 minutes (5-0).
Elected Commissioner James E.T. Jackson as Chair and Commissioner Nayeli Maxson Velázquez as Vice-Chair for 2020.
Selected Michael MacDonald and Janani Ramachandran as new Commissioners, effective January 22, 2020.
Imposed a $10,000 administrative penalty on Michael Colbruno for 12 Lobbyist Registration Act violations, adopting the hearing officer’s findings of fact but modifying the penalty.
Moved consideration of PEC Ordinance amendments to the February regular meeting.
Dissolved the Subcommittee on Partnerships and the Commissioner Recruitment Subcommittee.
Directed staff to revisit the dismissal of Case No. 19-19 at the next regular meeting.
Adjourned with remaining agenda items (Executive Director’s Report and Commissioner Farewell) deferred to the next meeting.

Meeting Transcript

Oh no, we can't yourself someone else comes in. I didn't know you didn't want to be okay. Good evening. This is the January meeting of the Oakland Public Ethics Commission. It is now called to order. We have a quorum of five commissioners. Commissioner Tuman will not be with us this evening, and Commissioner Maxim Velasquez will be joining us momentarily. Are there any staff or commission announcements this evening? Seeing none, we'll move to open forum. And open forum is the time when members of the public can speak on any item that is not on our agenda tonight. Just a couple of notes. And that is not because we're not interested in what you have to say, but it's precisely because it is not on tonight's agenda that we would not be able to discuss it. But we do hear what you have to say, and we are interested in it. And we um take that into consideration and it often forms the uh agenda items for future meetings. I also want to clarify how we handle public comment at the ethics commission, both during open forum and during the public comment periods on each item. So the the purpose of public comment is for us to hear from you, the public. It is not a time for commissioners to talk or to have dialogue or to answer questions. Um it is primarily a time for us to listen. So we may ask you a brief clarifying question during public comment about something that you have said, um, but it is not a time that we will otherwise talk to one another or engage in dialogue. However, after the close of each public comment period, we may address questions or concerns that have been raised during the public comment period. So I may ask the city attorney for information um on an issue that has been raised. A commissioner may ask questions in a general manner manner or may answer questions in a general manner that clarify the commission's policies or procedures, or I may ask staff to explain an issue or for you to give your contact information to staff for follow-up, something along those lines. However, once each public comment period is over, it remains closed, and then it will be opened again when the following agenda item is called. So is there anyone who would like to speak uh tonight during open forum? I have one card for uh Mr. Gene Hazard, if you will please approach. Commissioner Max and Velasquez who will be joining us. Thank you. Happy New Year, Jean has it for the record. Little CleanOaken.com. What I've given you uh right now, I'm going to be addressing later on, but the comments right now uh is in respect to uh and that will be on uh Ms. Johnson's uh report um related to a dismissal of my case. Um and the question I want to put before you right now, in as much as she indicated that it's an informational report. However, she closed the case and dismissed the case. And I don't know why it's an informational part, because if I'm not mistaken, the body still has a final say in terms of the disposition, although she may have made a decision recommending what uh she found, so I wasn't quite sure how to deal with that inasmuch as she indicated that this it would be an informational report. And I don't know how it would be an informational report if she made a decision, so that will still be outstanding until the body makes a determination whether or not you want to either support what her finding was or uh reverse and say that's send it back to her for further review. So that's that packet right there is going to relate to when she brings the report uh as an informational item, although she made a decision to close. So my question is although the enforcement chief said she's closing and dismissing the item. Does the body of commissioners still have the final say with the disposition of whatever decision was? Thank you, Mr. Hazard. Is there any other comment for open forum? Let the record reflect that Commissioner Maxim Velasquez has joined us. The next item on our agenda and the the first action item this evening is the approval of the minutes from our December meeting. Commissioners, were there any edits, changes or comments on these? Move approval. As submitted. Thank you. Is there a second? Second.

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