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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Oakland Public Ethics Commission Regular Meeting - February 1, 2021

Public Ethics Commission — Monday, February 1, 2021

BodyOakland, California

SessionPublic Ethics Commission

DateMonday, February 1, 2021

StatusFILED

Video Record

0:00 / 50:36

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

3:18

So the time is now six thirty-one, and I would like to call the meeting to order.

3:22

Good evening, and welcome everyone to the March meeting of the Oakland Public Ethics Commission.

3:31

And please bear with me as this is my first meeting that I will be chairing and looking forward to it.

3:36

So we do have a quorum of the commission, and I will uh go ahead and take roll call.

4:17

It says he's here in the participants.

4:19

There are fifteen people here.

4:20

Yes, perfect.

4:21

So I do see uh Commissioner Pertit now.

4:24

Commissioner Klein, I see you in as well.

4:26

Are you present?

4:27

I am present.

4:29

Perfect.

4:29

And Commissioner Ramanchandran.

4:32

And Commissioner Tuman.

4:34

Here.

4:36

Looks like everyone is present.

4:39

Next on our agenda, staff and commission announcements.

4:50

We look forward to having you on the commission, and currently, Commissioner Pracheet serves as the global legal response and fraud investigations manager at Square and a former ADA.

5:00

So we're excited to have you here and you bring a wealth of knowledge to the commission.

5:03

So welcome.

5:05

Thank you.

5:06

And are there any other staff or commission announcements?

5:12

No staff announcements.

5:14

Okay.

5:14

Commissioner Ramachandran.

5:17

Yeah.

5:18

Hi everyone.

5:19

I wanted to let you all know that I am going to be resigning from the Public Ethics Commission, effective tomorrow at 9 a.m.

5:28

I just wanted to take a moment to say that my time on the Public Ethics Commission has been an absolutely incredible experience.

5:37

I truly believe and see that the work this commission is doing is key to real innovative change for our city.

5:46

I see our brilliant dedicated staff work so hard to push forward a vision of what our Oakland can be.

5:53

A city full of transparency, ethical action, and community involvement.

5:58

And I see my fellow fellow commissioners channeling the decision and making decisions that deter bad actors, enforce compliance with our codes, and educate our community.

6:10

I'm so grateful for every thoughtful conversation that I've been able to have on this platform and help push the needle on issues that we also care so deeply about.

6:21

I'm incredibly honored to have been able to serve alongside all of you as a community member, as a public appointee who got a chance at making meaningful decisions for our city.

6:32

But I am starting to realize that I do want to make change on a different platform and feel called to pursue elected office in these difficult times.

6:42

So this means that I have had to make the extremely difficult decision of resigning from this commission effective tomorrow morning.

6:50

Thank you all for your tireless work and being part of such a meaningful experience for me.

6:56

I've learned so much from all of you.

6:58

Thank you, Director Barrizotto, Keith Kelly, Suzanne, Anna, Jelani, Trisha, Simon, and Vicky.

7:05

Thank you to all of my fellow commissioners, Chair McDonald, Vice Chair Yann, Commissioner Tuman, Commissioner Pertit, Commissioner Klein for your service to our city.

7:16

I look forward to seeing all the amazing things that this commission will accomplish.

7:21

Thank you so much.

7:24

Thank you, Commissioner Ramachandran.

7:25

And while I'm uh sad to hear you go, I'm excited for your future.

7:28

And we joined this commission together, and I have uh deeply appreciated working for with you and uh your thoroughness and thoughtfulness on this commission.

7:36

And and I know that you will go on to achieve great things.

7:39

So congratulations and thank you for your service.

7:43

Any other commission announcements?

7:47

Okay, seeing none, we will go ahead and move on to open forum.

7:51

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

8:00

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.

8:08

As a reminder for folks participating virtually, that there are several different ways for you to participate.

8:14

If you are on the Zoom platform, you can press star nine to uh excuse me, you can use the raise hand function.

8:20

If you're calling in, you can press star nine.

8:22

And as a reminder as well, members of the public may submit written comments at ethics commission at Oaklandca.gov if you have any questions about how to participate in the meeting.

8:33

Do we have any public comment?

8:36

Okay, seeing one, if we could get the timer up.

8:42

And our uh first speaker, Megan Stefan, you are allowed to talk to the uh thank you so much.

8:51

Um I just wanted to say quickly uh congratulations and good luck to Commissioner Ramachandran.

Discussion Breakdown — Share of Meeting

Procedural██████████████████████████26%

Administrative Hearing Training██████████████████████22%

Public Records Management█████████████████17%

Enforcement Program Report███████████████15%

Public Comment███████7%

Subcommittee Management█████5%

Campaign Finance█████5%

Public Ethics███3%

Summary of Proceedings

Oakland Public Ethics Commission Regular Meeting - February 1, 2021

The Oakland Public Ethics Commission held a virtual regular meeting on February 1, 2021, at 6:31 p.m. via teleconference. Chair Michael MacDonald presided. The Commission addressed the approval of previous meeting minutes, a procedural request to use a volunteer hearing officer in the Thomas Espinosa enforcement case, and received informational reports on campaign finance adjustments, disclosure activities, enforcement updates, and executive director's report. Commissioner Janani Ramachandran announced her resignation effective February 2, 2021, to pursue elected office.

Consent Calendar

Approval of January 4, 2021 Meeting Minutes: The Commission approved the minutes with a 6-0 vote (Commissioner Perteet abstained, as he was not yet a member at that time). The motion was made by Commissioner Klein and seconded by Commissioner Tuman.

Public Comments & Testimony

Open Forum: Megan Stefan thanked outgoing Commissioner Ramachandran for her service and raised a concern about the definition of "public servant" in relation to Oakland Unified School District jurisdiction, suggesting it be discussed further.
On the Espinosa Case: Megan Stefan urged the Commission to use a single hearing officer for efficiency, noting that a full commission hearing would be time-consuming given the 47 alleged violations. She also lamented the lack of funds for a paid hearing officer.

Discussion Items

Reports on Subcommittees and Commissioner Assignments (Sunshine Review Subcommittee): Chair MacDonald reported that the subcommittee, which reviews the city's public records act compliance, had taken a break in December and January. He invited commissioners interested in joining to contact him.

Information Items

Oakland Campaign Reform Act Contribution Limit and Expenditure Ceiling Annual Adjustment for 2021: Lead Analyst Suzanne Doran presented the annual CPI-based adjustment. Contribution limits for individuals and broad-based committees remained unchanged, while expenditure ceilings for each office increased slightly. No action required.
Disclosure and Engagement Report: Lead Analyst Doran highlighted improvements to the Lobbyist Dashboard, including search by name and sorting capabilities. Staff also noted ongoing work on the "Show Me the Money" campaign finance app to include expenditure data.
Enforcement Program: Enforcement Chief Kellie Johnson reported that the office had received three new complaints since the last meeting, bringing the total caseload to 72 open cases (15 in intake, 12 under investigation, 14 post-investigation analysis, 8 in settlement or awaiting hearing, and 23 ongoing public records mediation). She noted an increase in PEC-initiated cases, driven by election cycles and increased public attention during the pandemic, and reminded that the PEC's jurisdiction is limited by ordinance.
Executive Director's Report: Executive Director Whitney Barazoto thanked outgoing Commissioner Ramachandran for her service and announced that recruitment for a new commissioner is open until March 5, 2021. She also reported that the respondent in the Anthony Harbaugh case had requested a payment plan for the $55,000 fine imposed in January.

Key Outcomes

Approval of January 4 Meeting Minutes (6-0, one abstention).
Authorization to Use a Volunteer Hearing Officer in the Matter of Thomas Espinosa (Case No. 16-14): The Commission voted 6-0 in favor of staff's recommendation to hold the administrative hearing before a volunteer hearing officer rather than the Office of Administrative Hearings, citing cost savings (estimated $10,000–$15,000) and scheduling efficiency. The hearing is anticipated to take place in April 2021. The case involves 47 alleged violations of the Oakland Government Ethics Act, including bribery, conflicts of interest, misuse of city resources, and failure to report income. The maximum potential administrative penalty is $1,151,737.
No further action taken on informational items.

Meeting Transcript

So the time is now six thirty-one, and I would like to call the meeting to order. Good evening, and welcome everyone to the March meeting of the Oakland Public Ethics Commission. And please bear with me as this is my first meeting that I will be chairing and looking forward to it. So we do have a quorum of the commission, and I will uh go ahead and take roll call. It says he's here in the participants. There are fifteen people here. Yes, perfect. So I do see uh Commissioner Pertit now. Commissioner Klein, I see you in as well. Are you present? I am present. Perfect. And Commissioner Ramanchandran. And Commissioner Tuman. Here. Looks like everyone is present. Next on our agenda, staff and commission announcements. We look forward to having you on the commission, and currently, Commissioner Pracheet serves as the global legal response and fraud investigations manager at Square and a former ADA. So we're excited to have you here and you bring a wealth of knowledge to the commission. So welcome. Thank you. And are there any other staff or commission announcements? No staff announcements. Okay. Commissioner Ramachandran. Yeah. Hi everyone. I wanted to let you all know that I am going to be resigning from the Public Ethics Commission, effective tomorrow at 9 a.m. I just wanted to take a moment to say that my time on the Public Ethics Commission has been an absolutely incredible experience. I truly believe and see that the work this commission is doing is key to real innovative change for our city. I see our brilliant dedicated staff work so hard to push forward a vision of what our Oakland can be. A city full of transparency, ethical action, and community involvement. And I see my fellow fellow commissioners channeling the decision and making decisions that deter bad actors, enforce compliance with our codes, and educate our community. I'm so grateful for every thoughtful conversation that I've been able to have on this platform and help push the needle on issues that we also care so deeply about. I'm incredibly honored to have been able to serve alongside all of you as a community member, as a public appointee who got a chance at making meaningful decisions for our city. But I am starting to realize that I do want to make change on a different platform and feel called to pursue elected office in these difficult times. So this means that I have had to make the extremely difficult decision of resigning from this commission effective tomorrow morning. Thank you all for your tireless work and being part of such a meaningful experience for me. I've learned so much from all of you. Thank you, Director Barrizotto, Keith Kelly, Suzanne, Anna, Jelani, Trisha, Simon, and Vicky. Thank you to all of my fellow commissioners, Chair McDonald, Vice Chair Yann, Commissioner Tuman, Commissioner Pertit, Commissioner Klein for your service to our city. I look forward to seeing all the amazing things that this commission will accomplish. Thank you so much. Thank you, Commissioner Ramachandran. And while I'm uh sad to hear you go, I'm excited for your future. And we joined this commission together, and I have uh deeply appreciated working for with you and uh your thoroughness and thoughtfulness on this commission. And and I know that you will go on to achieve great things. So congratulations and thank you for your service. Any other commission announcements? Okay, seeing none, we will go ahead and move on to open forum.

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