Oakland Public Ethics Commission Regular Meeting - January 4, 2021

The Oakland Public Ethics Commission (PEC) held its regular teleconference meeting on January 4, 2021, at 6:30 p.m., with Chair James Jackson presiding. All seven commissioners were present, forming a quorum. The meeting included approval of previous minutes, election of officers for 2021, consideration of a post-hearing recommendation in a bribery case, and informational reports from staff.

Consent Calendar

• Approval of December 7, 2020 Meeting Minutes: The draft minutes were approved unanimously (6-0) with a correction noted by Commissioner Ramachandran (spelling of Commissioner Tuman's name). Motion by Commissioner Klein, seconded by Commissioner Butler.

Public Comments & Testimony

• Open Forum: No public speakers.
• Public Comment on Agenda Item 6 (In the Matter of Anthony Harbaugh): One speaker, Andrew Rathmann, urged the Commission to adopt the hearing officer's factual and legal findings and consider a warning rather than a fine, noting the respondent's lack of prior violations and the substantial penalty already served through job loss and prosecution.

Discussion Items

• Election of Officers for 2021: Chair James Jackson nominated Commissioner Michael MacDonald for Chair; seconded by Commissioner Butler. No other nominations; motion carried 5-0-1 (Commissioner MacDonald abstained). Commissioner MacDonald assumed the Chair. For Vice Chair, Commissioner Klein nominated Commissioner Jerett Yan; seconded by Commissioner Ramachandran. No other nominations; motion carried 4-0-2 (Commissioners MacDonald and Yan abstained). Commissioner Yan was elected Vice Chair.
• In the Matter of Anthony Harbaugh (Case No. 18-11): The Commission considered the hearing officer's recommendation and staff's proposed penalty. Staff recommended a $20,500 administrative penalty; the hearing officer had proposed $13,500. After discussion of aggravating and mitigating factors, Commissioner Butler moved to adopt the hearing officer's factual and legal findings and impose a $20,500 penalty. Motion seconded by Commissioner Klein and passed unanimously (7-0).
• Disclosure and Engagement Report (Item 8): Lead Analyst Suzanne Doran presented a summary of 2020 accomplishments, including compliance activities, OpenDisclosure usage (8,043 users, 38,818 pageviews), lobbyist database launch, and outreach efforts. Commissioners received the report without action.
• Enforcement Program Report (Item 9): Enforcement Chief Kellie Johnson provided an end-of-year summary, noting priority case updates and the hiring of investigator Vickie Ma. Report received without action.
• Executive Director's Report (Item 10): Executive Director Whitney Barazoto highlighted the release of the "Race for Power" report, the Limited Public Financing Program disbursement ($137,485 to seven candidates), and a keynote presentation to the Alameda County Grand Jury Association. Report received without action.

Key Outcomes

• Minutes Approved: December 7, 2020, draft minutes were approved as corrected.
• Officers Elected: Michael MacDonald was elected Chair and Jerett Yan was elected Vice Chair for 2021.
• Harbaugh Penalty Imposed: The Commission adopted the hearing officer's findings and ordered a $20,500 administrative penalty for multiple violations of the Government Ethics Act, including bribery, conflict of interest, misuse of city resources, and failure to report gifts and income.
• Reports Received: All informational reports were accepted without formal action.

The meeting adjourned at approximately 7:29 p.m.