OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Oakland Public Ethics Commission Regular Meeting - January 4, 2021

Public Ethics CommissionMonday, January 4, 2021
BodyOakland, California
SessionPublic Ethics Commission
DateMonday, January 4, 2021
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:01

Anna, will you please start the webinar?

1:07

There we go.

1:08

Excellent.

1:09

Good evening.

1:10

I want to welcome everybody to the January meeting of the Oakland Ethics Commission.

1:15

My name is James Jackson, and I'm the chair.

1:18

And I will now take the role.

1:24

Present.

1:25

Commissioner Klein.

1:28

Present.

1:30

Thank you.

1:30

Commissioner McDonald.

1:33

Present.

1:34

Commissioner Ramachandran.

1:37

Present.

1:39

Commissioner Tuman.

1:42

Commissioner Tuman.

1:45

Commissioner Yan.

1:48

Present.

1:49

Very good.

1:50

We have a quorum with five commissioners and um actually one, two, three, four, five, six.

1:56

I'm sorry, with myself, six, and we will start the meeting.

2:00

Um, are there any staff announcements at this time?

2:05

No staff announcements.

2:07

Good evening.

2:08

Thank you.

2:08

Thank you, Executive Director Barrizzoto.

2:11

Good evening.

2:12

Um, hearing that, are there any commissioner announcements at this time?

2:19

Hearing none, we'll move the agenda to item three, which is our open forum.

2:24

Our open forum is the 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.

2:34

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.

2:43

Are there any comments for the open forum?

2:54

Hearing no comments for the public forum, we will close.

2:58

I neglected to um acknowledge staff who are president, so I'd like to do that now.

3:04

Um, executive director Barrizotto.

3:10

Present.

3:11

Thank you.

3:12

Um Suzanne Doran.

3:18

Suzanne Doran.

3:20

Okay.

3:21

Um Chief Kelly Johnson.

3:23

Present.

3:25

Thank you.

3:25

Anna Laura Franco.

3:28

Present.

3:29

Very good.

3:30

Uh Simon Russell.

3:32

Present.

3:33

Thank you.

3:34

Are there other staff present who I did not name?

3:41

Okay.

3:43

Great.

3:43

We'll move the agenda.

3:45

Our next item is the approval of the commission draft minutes from the December seventh meeting.

3:51

Commissioners, you've had the opportunity to resume the review the draft minutes.

3:56

Are there any comments or any questions from our commissioners?

4:04

Okay, hearing none.

4:06

Is there any public comment on the minutes?

4:12

Okay.

Discussion Breakdown — Share of Meeting
Enforcement Program Report██████████████████18%
Conflict of Interest██████████████14%
Public Ethics█████████████13%
Public Safety███████████11%
Code Enforcement███████████11%
Procedural█████████9%
Public Comment█████████9%
Economic Interest Disclosure███████7%
Commissioner Appointment Process██2%
Summary of Proceedings

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.

Meeting Transcript

Anna, will you please start the webinar? There we go. Excellent. Good evening. I want to welcome everybody to the January meeting of the Oakland Ethics Commission. My name is James Jackson, and I'm the chair. And I will now take the role. Present. Commissioner Klein. Present. Thank you. Commissioner McDonald. Present. Commissioner Ramachandran. Present. Commissioner Tuman. Commissioner Tuman. Commissioner Yan. Present. Very good. We have a quorum with five commissioners and um actually one, two, three, four, five, six. I'm sorry, with myself, six, and we will start the meeting. Um, are there any staff announcements at this time? No staff announcements. Good evening. Thank you. Thank you, Executive Director Barrizzoto. Good evening. Um, hearing that, are there any commissioner announcements at this time? Hearing none, we'll move the agenda to item three, which is our open forum. Our open forum is the 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. Are there any comments for the open forum? Hearing no comments for the public forum, we will close. I neglected to um acknowledge staff who are president, so I'd like to do that now. Um, executive director Barrizotto. Present. Thank you. Um Suzanne Doran. Suzanne Doran. Okay. Um Chief Kelly Johnson. Present. Thank you. Anna Laura Franco. Present. Very good. Uh Simon Russell. Present. Thank you.

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