Oakland Public Ethics Commission Regular Meeting – August 3, 2020

The Oakland Public Ethics Commission (PEC) held a regular teleconference meeting on August 3, 2020, at 6:30 p.m. The commission approved prior meeting minutes, elected a new Vice Chair, received a legal overview of Sunshine Ordinance laws during the COVID-19 pandemic, closed a mediation case concerning Councilmember Loren Taylor, and discussed upcoming recruitment and subcommittee work.

Public Comments & Testimony

• Megan Stefan spoke twice: once during Open Forum asking about the commissioner application process (whether a “yes” answer to questions about campaign involvement would disqualify an applicant) and later expressing concern about persistent delays in public records requests across city departments, urging the commission to address systemic issues. She also supported the commission sending a transparency reminder letter to the City Council.

Discussion Items

• Election of Vice Chair: Chair Jackson nominated Commissioner Jill Butler for Vice Chair. No other nominations were made. Commissioner Butler was elected unanimously (5-0, with Commissioner Tuman abstaining due to absence from prior meetings). Butler accepted the role and expressed appreciation.
• Sunshine Ordinance During COVID-19: Deputy City Attorney Trish Shafie presented an overview of state and local emergency orders, explaining that the Brown Act’s 72‑hour notice requirement for regular meetings remains in effect but teleconference location posting and public access requirements are suspended. The City Council’s July 28, 2020 resolution reinstated 10‑day notice for charter‑created bodies (including PEC) and 48‑hour notice for special meetings, including agenda materials. The commission discussed the importance of transparency and voted unanimously to direct staff to draft a letter to the City Council reminding them of the Sunshine Ordinance’s intent and the need for continued transparency during the pandemic. Commissioners McDonald, Butler, and Ramachandran supported the action; Chair Jackson cautioned against politicizing the commission’s role.
• Mediation Case – Councilmember Loren Taylor (M2020‑06): Enforcement Chief Kellie Johnson reported that a public records request for emails regarding the Howard Terminal Ballpark, filed October 16, 2019, went unanswered for months. The request was routed to the Council office but not forwarded to Councilmember Taylor’s staff until July 17, 2020, when responsive documents were uploaded. The requester was displeased by the delay. Staff recommended closing mediation without further action. The commission voted unanimously to adopt the recommendation.
• Sunshine Review Subcommittee Report: Commissioner MacDonald (chair) reported the subcommittee is reviewing the Sunshine Ordinance and creating a “report card” on city departments’ compliance with public records transparency, using a statistical sample of requests over 3–5 years.
• Commissioner Recruitment Subcommittee: Chair Jackson announced the creation of a recruitment subcommittee to vet applicants for two upcoming vacancies. He, Commissioner MacDonald, and Commissioner Yan will serve. The subcommittee will review applications, conduct interviews, and bring finalists to the full commission in October. Public comment was taken.

Key Outcomes

• Minutes Approved: The July 6, 2020 regular meeting minutes and July 16, 2020 special meeting minutes were approved unanimously (5‑0; Commissioner Tuman abstained as he was absent for both meetings).
• Vice Chair Election: Commissioner Jill Butler elected Vice Chair for the remainder of 2020 (5‑0).
• Sunshine Ordinance Action: Motioned by Commissioner McDonald and seconded by Commissioner Tuman, the commission voted unanimously to accept the informational report and direct staff to develop a letter to the City Council emphasizing the importance of transparency under the Sunshine Ordinance during COVID‑19.
• Mediation Closure: The commission closed Case M2020‑06 (Councilmember Loren Taylor) without further action (unanimous).
• Recruitment Subcommittee: Established with Commissioners Jackson, MacDonald, and Yan; interviews to begin after the August 31, 2020 application deadline.

Informational Items

• Limited Public Financing Program: Executive Director Whitney Barazoto outlined that approximately $153,000 is available for the 2020 election (Districts 1, 3, 5, 7). With 22 candidates expected, each might receive about $6,900 if all opt in. A special meeting will be scheduled in mid‑August after the City Clerk certifies candidates.
• Commissioner Recruitment: The commission is recruiting for two seats (one starting September 2020, one January 2021). Applications are due August 31, 2020. Staff clarified that not having attended a prior PEC meeting is not disqualifying.
• Disclosure and Engagement Report: Lead Analyst Suzanne Doran reported 48 candidates filed statements of intent, streamlined electronic filing for campaign and lobbyist reports, and highlighted new OpenDisclosure features (e.g., summary page with contribution source breakdown).
• Enforcement Report: Chief Johnson noted 22 new complaints since July 6, 17 of which concerned the June 23‑24 City Council budget meeting. Total enforcement caseload is 64 matters.
• Executive Director’s Report: Barazoto highlighted that the City Council’s July 21 budget amendments did not change PEC’s adopted budget, and that a Police Commission ballot measure (November 2020) gives PEC discretion to investigate misconduct by Police Commissioners.