Oakland Public Ethics Commission Regular Meeting – July 6, 2020
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Oakland Public Ethics Commission Regular Meeting – July 6, 2020
The Oakland Public Ethics Commission (PEC) held its regular teleconference meeting on Monday, July 6, 2020, at 6:30 p.m., chaired by James E.T. Jackson. The meeting included the launch of a new lobbyist e-filing system, approval of a streamlined campaign statement signature process, a settlement in a bribery case, and closures of two public records mediations. Vice Chair Nayeli Maxson Velázquez announced she would be stepping down at the end of July due to a family move.
Consent Calendar
- Minutes Approval: The Commission unanimously approved the draft minutes of the May 4, 2020 regular meeting (5-0-1, with Commissioner Butler abstaining as she was not present at that meeting). A correction was made to fix two typos noted by staff.
Public Comments & Testimony
- Alexis Schroeder expressed strong support for granting the PEC greater authority to impose penalties for violations found during investigations, stating that “strong enforcement and meaningful consequences” are needed to hold city departments accountable.
- Aseta Olubala criticized the City of Oakland’s implementation of the Brown Act during teleconference meetings, alleging that the City limits public comment to one minute regardless of the number of agenda items and does not allow viewing of individual councilmembers, which she described as an abuse of transparency.
- Aseta Olubala also questioned why Dorian Gray was held responsible for bribery while the business associate who sought the permit was not; Enforcement Chief Kellie Johnson responded that no evidence of an agreement or payment between Gray and his associate was found.
- Aseta Olubala expressed frustration with the closure of the OPD mediation case, stating that the Oakland Police Department is repeatedly “accommodated to get away with not doing its job” and that the Commission’s action effectively forces the requester to pursue a costly lawsuit.
- Alexis Schroeder (on the Building and Planning case) supported closing mediation so that a formal investigation could be opened, and requested that findings be made public and shared with the City Administrator.
Discussion Items
- Lobbyist Registration Online Filing System (Action Item 5): Lead Analyst Suzanne Doran demonstrated the new electronic filing platform for lobbyists, built in partnership with the City’s IT Department. The system simplifies registration and quarterly reporting, standardizes data entry, and provides a staff dashboard for compliance tracking. Commissioner Michael MacDonald and Commissioner Janani Ramachandran had tested the system. The item was informational; no action was taken.
- Campaign Statement Electronic Filing Process (Action Item 6): Staff proposed eliminating the burdensome in-person signature verification process for campaign statements, noting that only four of 70 cities using NetFile require the extra step. The new process will use a simple electronic agreement. The Commission voted unanimously to adopt the changes, effective for the July 31, 2020 filing deadline.
- In the Matter of Dorian Gray (Case 18-03): Enforcement Chief Kellie Johnson presented a No Contest stipulated settlement. Gray offered City Councilmember Larry Reid $10,000 and an all-expense-paid trip to Spain for City employee Gregory Minor in exchange for help obtaining a marijuana dispensary permit. The Alameda County District Attorney’s Office also brought criminal bribery charges. The stipulated settlement included an $8,000 administrative penalty ($5,000 for bribery, $3,000 for gift violation). The Commission voted unanimously to approve the settlement.
- In the Matter of the Oakland Police Department (Case 16-15): Staff recommended closing mediation after exhausting efforts to obtain responsive documents for Public Records Request No. 14437, which had been outstanding since March 10, 2016. Follow-up revealed that OPD’s records department had undergone leadership changes and that some requests were handled via email rather than the NextRequest system, contributing to delays. The requester is considering court options. The Commission voted unanimously to close the mediation.
- In the Matter of the City of Oakland Department of Building and Planning (Case M2019-17): Staff recommended closing mediation and opening a formal investigation into possible violations of the California Public Records Act and the Oakland Sunshine Ordinance. The requester had sought Radio Frequency Emission reports that the department stated it does not maintain. The Commission voted unanimously to close mediation and proceed with enforcement investigation.
- Sunshine Review Subcommittee Report: Commissioner Michael MacDonald reported that the subcommittee (members: Jill Butler, Joseph Tuman) held its first meeting on June 17, 2020. The goal is to produce a “report card” style tool to evaluate departmental performance in responding to public records requests, using data from NextRequest and other sources.
- Disclosure and Engagement Report: Staff highlighted that 184 advice/assistance requests were received year-to-date, with a significant uptick in June due to inquiries about police misconduct and campaign filing questions. A joint candidate/treasurer training with the FPPC was held on May 28, with 26 attendees. The lobbyist e-filing system was launched.
- Enforcement Program Report: Chief Johnson reported a total enforcement caseload of 65 matters (10 in intake, 17 active investigation, 9 post-investigation analysis, 11 in settlement/awaiting hearing, 15 ongoing PRR mediations). Three cases are awaiting administrative hearings. One recent complaint (Case 20-09) alleging Brown Act violations in a City Council closed session was dismissed for lack of evidence and jurisdiction.
- Executive Director’s Report: Whitney Barazoto announced that the city budget adopted June 23 included minor cuts to the PEC but preserved salary positions and a $100,000 one-time allocation. A special meeting to discuss the Campaign Finance Project report is set for July 16, 2020. The recruitment process for new commissioners will begin in August instead of September to fill the vacancy from Vice Chair Maxson Velázquez’s departure and a seat opening in January 2021.
Key Outcomes
- Approved the May 4, 2020 meeting minutes (5-0-1).
- Accepted the staff recommendation to adopt streamlined campaign statement signature verification, effective July 31, 2020 (unanimous).
- Approved the No Contest Stipulation in the Dorian Gray case, imposing an $8,000 administrative penalty (unanimous).
- Closed mediation in the OPD case (Case 16-15) and encouraged the requester to pursue court remedies (unanimous).
- Closed mediation in the Building and Planning case (M2019-17) and directed staff to open a formal enforcement investigation (unanimous).
- Acknowledged Vice Chair Nayeli Maxson Velázquez’s resignation, effective end of July.
- Set a special meeting for July 16, 2020 at 6:30 p.m. to discuss the Campaign Finance Project report and proposed legislation.
Meeting Transcript
Good evening. My name is James Jackson, and I'm the chair of the City of Oakland Public Ethics Commission. Welcome to our July meeting. I am prepared to call the meeting to order, and it is now six thirty-two PM. I will call the I'll call the roll. Commissioners I'll ask you to unmute and make yourself known when I call your name. Um Vice Chair Max and Velasquez. I am present. Thank you. Commissioner Butler. Commissioner Butler, are you present? Present. Thank you. Commissioner McDonald. Present. Thank you. Commissioner Ramachandran. Present. Thank you. Commissioner Tuman. I understand that Commissioner Tuman will not be with us this evening, and so he is not in attendance. And Commissioner Yan. Present. Very good. Thank you. We have a quorum. Um and so we will now start our meeting. Um staff and commission announcements. Are there any staff or commission announcements? We'll start with staff. No staff announcements. Great. Thank you very much. Commissioners, are there any announcements? Yes, this is Nayeli. Um I do have an announcement I would like to share with the uh commissioners and staff and the public. Uh so I wanted to share some important uh personal news that impacts my ability to continue to be on this commission. Um so in light of this pandemic and all of the shifts that it has brought into our lives, my family has decided to move from Oakland and to shelter in place with family now that our kids are home all the time now, and I have a three and five-year-old kid. Um so unfortunately, this means that the July the month of July will have to be my last month with the commission. Um I did want to also convey that it has been a difficult decision to move, knowing that I would need to step down before completing my term here. Uh, because I have really loved being on this commission. Um and it has been very energizing, but we are living in unprecedented times, and at the end of the day, I know this is the best decision for us as a family. So um the public finance policy subcommittee work. Um, I spoke with Director Barrizzoto in late May about how to best support the policy development effort leading up to my departure, and we have made some good progress that we'll be reporting at at tonight's meeting. Um and my goal is really to make the passing of the baton as smooth as possible so that all of the progress that has been made up to date is is readily accessible and easily built upon by the commission and um the broader community. And I just want to say too that I really respect everyone that I've had the opportunity to work with while I've been on this commission. My fellow commissioners, the commission staff, everyone is so diligent and thoughtful and intentional, and I really look forward to supporting the commission's work beyond my formal role here in the months and years ahead. And thank you. Well, thank you very much. Certainly, you have made an impact in the time that you've been with the TEC, and you will be sorely missed.
openpublica.com