Oakland Public Ethics Commission Meeting - May 3, 2021

The Public Ethics Commission met on Monday, May 3, 2021, at 6:30 p.m. via teleconference. The meeting covered approval of minutes, two diversion agreements for ethics violations, a major report on the city's public records system, and routine updates. There was significant public comment, particularly regarding the two enforcement cases.

Consent Calendar

• Approval of April 5, 2021 Meeting Minutes: Approved unanimously (5-0).

Public Comments & Testimony

• On the Everett Cleveland Jr. case (Item #5): Multiple speakers (Brian Warwick, Aner Chu, Angelika Patrick, Matt Conde, Jason Vargas) expressed strong support for Mr. Cleveland, describing him as principled, honest, and dedicated. They argued that the city's lack of training and oversight was the root cause and that the investigation's conclusion that he “influenced” the review was unfair. Some urged the Commission to consider the systemic issues rather than penalize a good employee.
• On the Norma Thompson case (Item #6): Speakers (including Thompson herself, Angelika Patrick, Susan Shelton, Matt Conde, Aner Chu, Kit Hoover, Jason Vargas) similarly supported Ms. Thompson, highlighting her long public service, expertise, and that she was repeatedly asked to return by the city. They argued the city bore responsibility for the revolving-door and training failures, and that the diversion agreement was appropriate. Ms. Thompson stated she was unaware of the revolving-door policy and that she never worked on Oakland projects for CHDC while at the city.
• On the Sunshine Review Report (Item #7): Alexis Schroeder, a regular public records requester, detailed a case where the city provided incomplete records for cell antenna permits, undermining trust. She urged the Commission to measure completeness and accuracy, not just fulfillment.

Discussion Items

• In the Matter of Everett Cleveland Jr. (Case 20-03(a)): Staff presented a diversion agreement for violations of misuse of position, nepotism, and failure to file Form 700. The respondent allegedly influenced the 2019 NOFA process involving his father-in-law's nonprofit. The agreement requires a $600 payment and ethics training. Commissioners noted the city's failure to provide adequate training and supervision. The Commission approved the motion 5-0.
• In the Matter of Norma Thompson (Case 20-03(b)): Staff presented a revised diversion agreement for violations of misuse of position, revolving-door restrictions, and failure to file Form 700. Thompson consulted for CHDC while working for the city. The agreement includes an $800 payment, ethics training, and a requirement to help develop training materials for city employees and nonprofits. Commissioners debated the city's role, with some emphasizing the systemic failure. The motion passed 4-1, with Commissioner Tuman voting no.
• Sunshine Review Subcommittee Report: Chair MacDonald presented the “Spotlight on Oakland’s Public Records System” report, which analyzed 19,949 public records requests from 2018-2020. Key findings: 46% increase in requests in 2020, only 56% received initial response within 10 days, 64% fell into overdue status, average 105 days to close, 70% of surveyed users dissatisfied. The report includes five recommendations: a performance report card, enhanced training, continued data analysis, technical fixes to NextRequest, and a dedicated city lead for records management. The Commission adopted the report unanimously (5-0).
• Subcommittee Reports: The Sunshine Review Subcommittee was terminated. The Recruitment Subcommittee continues; the recruitment period closes May 5.

Key Outcomes

• Approved minutes of April 5, 2021 (5-0).
• Approved diversion agreement for Everett Cleveland Jr. with $600 payment and training (5-0).
• Approved diversion agreement for Norma Thompson with $800 payment, training, and development of training materials (4-1; Tuman dissented).
• Adopted Sunshine Review Report with recommendations for improving public records response (5-0).
• Requested report back: Vice Chair Yan and Commissioner Perteet requested that HCD senior leadership appear before the Commission within 90 days to present a plan to address systemic ethics training and policy gaps.
• Ongoing: Staff will begin implementing the Sunshine recommendations and report progress monthly.