Oakland Public Ethics Commission Regular Meeting, October 8, 2020

Note: The agenda and transcript indicate the meeting was held on October 5, 2020, but the provided summary date is October 8, 2020. This summary uses the later date as instructed.

This teleconference meeting of the Oakland Public Ethics Commission (PEC) covered action on two enforcement cases, updates on the OpenDisclosure campaign finance tool, subcommittee reports, and information items on disclosure, enforcement, and executive activities. The Commission voted to dismiss a long-standing complaint against a building inspector and upheld a $5,000 penalty for a contractor campaign contribution violation.

Consent Calendar

• Approval of Minutes: The Commission unanimously approved the draft minutes for the August 3, 2020 regular meeting and the August 21, 2020 special meeting. Votes were 5-0 (with Commissioner Tuman abstaining on the regular minutes) and 6-0 on the special meeting minutes.

Public Comments & Testimony

• Open Forum: Alexis Schroeder raised concerns about public records, specifically that color-coded documents (e.g., radio frequency and electromagnetic energy reports) are often provided only in black-and-white grayscale, and that some city-approved documents lack applicant signatures.
• Elise Bernstein (speaking on Enforcement Item 10): Commented on her dismissed complaint against City Auditor Courtney Ruby, stating that while the PEC found no violation, she believes the Auditor’s actions were unfair and misleading. She also urged support for Measure S1 on the ballot.
• Megan Stefan thanked the Open Oakland volunteers for the OpenDisclosure tool.
• Mrs. Olubala (on multiple items): Criticized the City Council’s emergency meeting procedures that limit public comment to one time at the beginning, reducing public participation. She requested a copy of the PEC’s letter to the City Council regarding the Sunshine Ordinance.

Discussion Items

• OpenDisclosure 2020 Web Application Demonstration: Lead Analyst Suzanne Doran and volunteers from Open Oakland (Alina Rubelac, Colin King Bailey, Karen Ivey) presented the updated campaign finance visualization tool at www.opendisclosure.io. New features include a homepage with live election snapshots, donor search across all elections, and daily email alerts. The tool is updated every 24 hours from the city’s database. The Commission accepted the report unanimously.
• In the Matter of Rich Fielding (Complaint No. 16-11): Enforcement Chief Kellie Johnson presented the staff recommendation to dismiss the case. The complaint alleged that Principal Inspection Supervisor Rich Fielding sent a letter to PG&E in November 2015 requesting power disconnection at 1919 Market Street. After further investigation—including subpoenaing PG&E records, interviewing witnesses, and reviewing a video—staff found no evidence that the city ordered a power shutoff. The video time-stamp showed the incident occurred in January 2016, not November 2015, and the person seen was a contractor, not a city employee. The Commission voted unanimously to adopt the staff recommendation and close the matter.
• In the Matter of Haydel and Lane Partners (Complaint No. 19-24): Chief Johnson presented the case, which involved a $1,000 contribution to Councilmember Lynette Gibson-McElhaney’s legal defense fund on October 21, 2018, while Lane Partners was a city contractor subject to the contractor contribution ban (O.M.C. §3.12.140). The original staff recommendation was a $2,000 penalty, but the Commission in March 2020 directed staff to renegotiate to $5,000. Respondent’s attorney, Zach Wasserman, requested reconsideration, arguing that his client had asked for legal advice before making the contribution and had self-reported. He cited a prior PEC case (Cyprus Security) where a $600 fine was imposed for a similar violation. After debate, the Commission voted 4-1 to uphold the $5,000 penalty (Commissioner Jackson dissenting). Mr. Wasserman indicated the respondent would sign the revised stipulation and pay the $5,000 within the week.
• Subcommittee Reports:
  • Sunshine Review Subcommittee (Commissioner MacDonald, Chair): Reported that the subcommittee is continuing its work on a “sunshine review report card” with help from Open Oakland, aiming to have a draft by year-end.
  • Commissioner Recruitment Subcommittee (Chair Jackson, with Commissioners MacDonald and Yan): Reported that 10 applications were received for two upcoming vacancies. Finalists will be invited to the November PEC meeting for interviews.

Key Outcomes

• Approved the August 3 and August 21, 2020 meeting minutes.
• Accepted the OpenDisclosure 2020 report and thanked the volunteer team.
• Dismissed the Rich Fielding complaint (Case 16-11) without further action.
• Upheld the $5,000 penalty against Lane Partners and Andrew Haydel (Case 19-24); respondent agreed to pay the fine and sign the stipulated settlement.
• Received reports on disclosure and enforcement activities, including:
  • Disclosure: As of September 23, 2020, $873,000 in late contributions had been reported, with 79% going to third-party independent expenditure committees. Four committees reported $160,481 in independent expenditures. 63 lobbyists registered, reporting $475,605 in payments and 271 contacts. Five candidate committees were non-compliant with pre-election filing; staff is coordinating with the FPPC.
  • Enforcement: The Enforcement Unit received 4 new complaints since the last report, bringing the total caseload to 89. Several complaints were dismissed for lack of jurisdiction, including those against the City Attorney, City Auditor, and City Council regarding the June 23 budget vote.
  • Executive Director’s Report: Whitney Barazoto updated on the PEC’s August 13 letter to the City Administrator and City Council urging reinstatement of the Sunshine Ordinance and public comment on each agenda item. The City Administrator responded that the Council’s resolution effectively restored most rules, but the PEC disagrees that enforcement provisions are fully reinstated. Staff also welcomed two new interns.
• Noted the discrepancy between the meeting date (October 5, 2020) and the provided summary date (October 8, 2020).