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Record of Proceedings

Oakland Public Ethics Commission Meeting – November 2, 2020: Commissioner Selection and Mediation Closure

Public Ethics Commission — Monday, November 2, 2020
BodyOakland, California
SessionPublic Ethics Commission
DateMonday, November 2, 2020
StatusFILED
Video Record
0:00 / 2:23:24

Original source
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1:43

Great.

1:44

Good evening, everybody.

1:46

Welcome.

1:47

My name is James Jackson.

1:48

I'm the chair of the City of Oakland Public Ethics Committee, and I'd like to welcome you to our November meeting.

1:56

So let's take a roll call.

1:58

Um, Vice Chair Butler.

2:01

Present.

2:02

Commissioner McDonald.

2:05

Present.

2:07

Commissioner Ramachandran.

2:09

Present.

2:11

Commissioner Tuman.

2:16

Commissioner Yan.

2:21

Okay, we have a quorum with four commissioners, um, myself included.

2:27

Um, I'd also like to identify staff who are present.

2:30

So um, executive director Barrizzoto.

2:33

Present Suzanne Doran Present.

2:40

Thank you.

2:41

Um, Chief Kelly Johnson present.

2:48

Thank you.

2:49

Um, Anna Laura Franco.

2:51

Present.

2:53

And Councillor Shaffy.

2:57

Yes, here.

2:59

Good evening.

3:00

Good evening.

3:01

Thank you very much.

3:02

So we've established our quorum, and we are on to staff and commission announcements.

3:07

So I will start with the commissioners.

3:08

Are there any announcements from our commissioners present?

3:14

Okay, hearing none.

3:16

Um, are there any staff announcements?

3:19

No staff announcements.

3:21

Very good.

3:23

Thank you.

3:27

Open forum is a time for a member of the public to comment on any matter within the jurisdiction of the public ethics commission that is not otherwise included in tonight's agenda.

3:38

Under the Sunshine Ordinance, the Commission cannot discuss the substance of any public comment made that does not pertain to an item listed on the agenda.

3:47

I will ask now, is there any public comment?

3:50

Speakers will have three minutes.

3:51

So please raise your hand.

4:17

Yes, we can.

4:18

Yes.

4:19

Thank you.

5:04

That's a very serious charge for a court to make against the Oakland City Council.

5:11

It got very little, it's getting very little attention.

5:15

But in this time where we are looking at the possibility of an election where we have extreme voter suppression and uh the possibility of not having an honest election and to have a city council of Oakland engage in what the court said was voter fraud.

5:36

And we have no way a system, I don't think it's in your jurisdiction that needs to be in somebody's jurisdiction to hold the city of council uh accountable for that.

5:47

At the same time, we've had incidents that have happened in this city that relate to organizations like Oakland Promise, the Unity Council.

5:59

Unity Council in 2015 took money from restricted funds of a federal program called Neighbor Works America and use that money for maintenance and operational function in order to demand it that once it was identified by an auditor, an independent auditor, that they had to return that money.

6:23

557,000.

6:26

The city of Oakland gave them the money through the city council, instructed the city administrator to give them the money to replace what they had taken.

6:39

That's absolutely absurd.

6:42

With Oakland Promise, we had had the mayor instructing the city administrator in 2016 to provide office space, computers, phones, internet service without insurance, without rental costs to use for two years.

7:00

Right now, an audit investigation identified that Oakland Promise owes the city over $4 million, and nothing is happening to hold that accountable.

7:10

Thank you very much for the time to relay some things that are unethical that are going on.

7:15

And I don't know if it's in your jurisdiction, but somebody needs to try to fix this.

7:20

Thank you.

7:22

Thank you very much, Miss Olubala.

7:24

Um, our next public comment is from a phone number ending in 501.

Discussion Breakdown — Share of Meeting
Procedural███████████████████19%
Commissioner Appointment Process█████████████████17%
Ethics and Campaign Finance█████████████13%
Public Ethics████████8%
Public Records████████8%
Public Engagement███████7%
Public Comment███████7%
Campaign Finance███████7%
Enforcement Program Report██████6%
Summary of Proceedings

Oakland Public Ethics Commission Regular Meeting – November 2, 2020

The Public Ethics Commission (PEC) met via teleconference on Monday, November 2, 2020, at 6:30 p.m. The meeting included approval of previous minutes, adoption of the 2021 meeting schedule, public interviews and selection of two new commissioners, closure of a Sunshine Ordinance mediation, and informational reports on disclosure, enforcement, and executive activities.

Consent Calendar

  • Approval of October 5, 2020, Meeting Minutes: Approved 4-0-1 (Commissioner Ramachandran abstained due to absence).
  • 2021 Regular Meeting Schedule: Adopted unanimously. The schedule lists monthly meetings on the first Monday at 6:30 p.m. in Hearing Room 1, with a recess in September.

Public Comments & Testimony

  • Open Forum: Two speakers addressed the Commission. One speaker raised concerns about alleged voter fraud by the Oakland City Council, the Unity Council’s misuse of federal funds, and Oakland Promise's use of city resources without accountability. A second speaker echoed these points and criticized the Commission for not acting on Oakland Promise.
  • During New Commissioner Selection: Two members of the public spoke. One expressed support for both candidates, stating they would be a positive addition. The other questioned the Commission’s jurisdiction, particularly regarding Oakland Promise, and urged the Commission to address what they called unethical behavior.
  • During Mediation Discussion (Fire Department): Speakers urged the Commission to not only close the mediation but also to send a letter to the Fire Department reminding them of statutory timelines for public records requests, and suggested that training alone is insufficient.
  • During Disclosure Report: A speaker expressed appreciation for the campaign finance tool but raised concerns about misleading ballot measure language (e.g., Measures RR and KK) and the lack of voter education.
  • During Enforcement Report: A speaker reiterated concerns about Oakland Promise, noting an ongoing investigation and urging the Commission to verify the organization’s legal status.
  • During Executive Director’s Report: A speaker recommended that the Commission send an informational memo to all city departments regarding public records request timelines, rather than relying on training.

Discussion Items

  • New Commissioner Selection (Item 6): The Commission’s ad-hoc recruitment subcommittee received 11 applications, interviewed 7 candidates, and selected 4 finalists. Two finalists withdrew—one to pursue city employment, another for personal reasons. The two remaining finalists, Avi Klein and Arvon Perteet, each gave a 4-minute introduction and answered commissioner questions. The Commission voted (6-0) to appoint both. Avi Klein was selected for the immediate vacancy (term ending January 21, 2022), and Arvon Perteet for the term beginning January 22, 2021 (ending January 21, 2024). The vote to confirm the appointments passed unanimously.
  • Subcommittee Reports:
    • Sunshine Review Subcommittee: Chair Michael MacDonald reported that the subcommittee continues to meet twice monthly and has a first draft of a report card-style evaluation, with a target to present in January 2021.
    • Commissioner Recruitment Subcommittee: Chair James Jackson reported that the subcommittee’s work was concluded with the selection of new commissioners; the subcommittee was dissolved.

Key Outcomes

  • Approved October 5, 2020, minutes: 4-0-1 (Ramachandran abstained).
  • Adopted 2021 Regular Meeting Schedule: Unanimous vote.
  • Selected two new commissioners: Avi Klein (immediate term through Jan. 21, 2022) and Arvon Perteet (term Jan. 22, 2021 – Jan. 21, 2024). Both appointments passed 6-0.
  • Closed Mediation Case M2020-16 (Fire Department): The Commission accepted staff’s recommendation to close the mediation without further action, as responsive documents were released on October 7, 2020. The vote was unanimous.
  • Informational reports accepted: Disclosure and Engagement report (noting over $2.3 million in independent expenditures, all candidate committees compliant, and launch of the “Show Me the Money” mapping tool); Enforcement Program update (68 active cases, ongoing investigation into Oakland Promise, and dismissal of a complaint against Carroll Fife); Executive Director’s report (progress on part-time positions, PEC legislation amendments to be considered by City Council Rules Committee on November 12, 2020).

Additional Notes

  • The Commission noted that the City Attorney’s office clarified that a partial term of less than 1.5 years does not count toward the two-term limit, which was relevant for the shorter vacancy.
  • Executive Director Whitney Barazoto confirmed that the part-time investigator and ethics analyst positions are moving through approval processes, funded by a $100,000 one-time budget allocation.
  • Chief Kellie Johnson confirmed an ongoing investigation into Oakland Promise based on the City Auditor’s report.

Meeting Transcript

Great. Good evening, everybody. Welcome. My name is James Jackson. I'm the chair of the City of Oakland Public Ethics Committee, and I'd like to welcome you to our November meeting. So let's take a roll call. Um, Vice Chair Butler. Present. Commissioner McDonald. Present. Commissioner Ramachandran. Present. Commissioner Tuman. Commissioner Yan. Okay, we have a quorum with four commissioners, um, myself included. Um, I'd also like to identify staff who are present. So um, executive director Barrizzoto. Present Suzanne Doran Present. Thank you. Um, Chief Kelly Johnson present. Thank you. Um, Anna Laura Franco. Present. And Councillor Shaffy. Yes, here. Good evening. Good evening. Thank you very much. So we've established our quorum, and we are on to staff and commission announcements. So I will start with the commissioners. Are there any announcements from our commissioners present? Okay, hearing none. Um, are there any staff announcements? No staff announcements. Very good. Thank you. Open forum is a time for a member of the public to comment on any matter within the jurisdiction of the public ethics commission that is not otherwise included in tonight's agenda. Under the Sunshine Ordinance, the Commission cannot discuss the substance of any public comment made that does not pertain to an item listed on the agenda. I will ask now, is there any public comment? Speakers will have three minutes. So please raise your hand. Yes, we can. Yes. Thank you. That's a very serious charge for a court to make against the Oakland City Council. It got very little, it's getting very little attention. But in this time where we are looking at the possibility of an election where we have extreme voter suppression and uh the possibility of not having an honest election and to have a city council of Oakland engage in what the court said was voter fraud. And we have no way a system, I don't think it's in your jurisdiction that needs to be in somebody's jurisdiction to hold the city of council uh accountable for that. At the same time, we've had incidents that have happened in this city that relate to organizations like Oakland Promise, the Unity Council. Unity Council in 2015 took money from restricted funds of a federal program called Neighbor Works America and use that money for maintenance and operational function in order to demand it that once it was identified by an auditor, an independent auditor, that they had to return that money.

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