Oakland Public Ethics Commission Special Meeting - September 5, 2021

The Oakland Public Ethics Commission (PEC) held a special teleconference meeting on September 5, 2021, at 6:30 p.m. (Note: Agenda and transcript indicate the meeting date as September 2, 2021, per instruction the date provided is used). The meeting included approval of minutes, an informational enforcement report on the Planning and Building Department, and probable cause determinations for three non-filer campaign finance cases. Commissioners also discussed subcommittee formation and upcoming enforcement matters.

Consent Calendar

• Approval of Minutes: The Commission approved the draft minutes from the June 7, 2021 regular meeting and the June 30, 2021 special meeting by a vote of 5-0 (Commissioner Tuman absent).

Public Comments & Testimony

• Ralph Kanz (Complainant, Item 5): Kanz, a former PEC commissioner, argued that the Planning and Building Department intentionally withheld records and lied to investigators. He urged the Commission to subpoena records from the applicant and the city, stating that a signed Conditions of Approval (COA) document must exist because the project proceeded. He expressed frustration with the mediation process and recommended amending city law to hold individuals accountable.
• Alexis Schroeder (Public): Schroeder, a frequent user of public records requests, supported Kanz's concerns. She stated that the Planning and Building Department frequently produces incomplete records and that unsigned COAs are common. She requested that if Kanz finds the missing document through legal action, the method of discovery be shared to help others.

Discussion Items

• Item 5: In the Matter of the City of Oakland Planning and Building Department (Case Nos. 18-48 and 16-22M): Enforcement Chief Kellie Johnson presented an informational report finding that the department failed to produce responsive documents related to a 2016 public records request. Investigator Simon Russell described recovering additional emails in 2020 via an IT search that the department had not disclosed. City planner Aubrey Rose could not explain why records were withheld. Johnson recommended closing the case because the PEC cannot impose penalties on city departments and the complainant's remedy is in court. After extensive debate, the Commission voted 4-1 to close the enforcement case while referring the matter to the City Auditor for investigation into the department's practices and inviting the Planning and Building Department Director to a future meeting (by October) to discuss systemic issues. Commissioner Pertit voted no, expressing concern about resources.
• Item 6: Non-Filer Cases Referred by PEC Filing Officer for the 2018 Election: Staff presented probable cause reports on three cases of failure to file campaign statements. The Commission separately found probable cause and scheduled each for an administrative hearing. All three motions passed unanimously (5-0).
  • 6a. Darrel Carey and East Bay Small Business Council (Case Nos. 17-18, 18-17): Failed to file multiple semi-annual and pre-election statements between 2015-2017.
  • 6b. Annie Campbell Washington for Oakland City Council 2018 (Case No. 19-06): Failed to file a semi-annual statement for July-December 2018; she has since come into compliance.
  • 6c. Matt Hummel for Oakland City Council (Case No. 19-13): Failed to file a semi-annual statement, an accurate annual statement, and a termination form. Hummel had a prior campaign violation.
• Item 7: Reports on Subcommittees and Commissioner Assignments: Commissioners discussed establishing an enforcement subcommittee to review penalty guidelines and procedures. Chair MacDonald suggested forming a recruitment subcommittee to fill a January 2022 vacancy. Formal appointments were deferred to the next meeting.

Key Outcomes

• The Planning and Building Department enforcement case (Item 5) was closed with a referral to the City Auditor and a directive for staff to invite the department director to the October meeting (or later if scheduling conflicts).
• Three non-filer cases (Item 6a, 6b, 6c) were found to have probable cause and referred to administrative hearings. The Commission expressed interest in serving as the hearing body, with timing to be determined based on case developments.
• The Commission agreed to form an enforcement subcommittee and a recruitment subcommittee, with appointments anticipated at the next regular meeting.
• Staff noted that the enforcement team consists of only one investigator and that a new assistant position will be added in July 2022.