Oakland Public Ethics Commission Special & Regular Meeting – November 1, 2021
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Oakland Public Ethics Commission Special & Regular Meeting – November 1, 2021
The Oakland Public Ethics Commission convened a special meeting at 6:15 p.m., followed by a regular meeting at 6:30 p.m., both via teleconference on November 1, 2021. The special meeting unanimously adopted Resolution 21-01 to continue virtual meetings under AB 361. The regular meeting featured a comprehensive presentation from the Department of Planning and Building on improvements to their public records response process, review of enforcement cases, formation of subcommittees, and a closed session on the executive director’s performance (no reportable action).
Public Comments & Testimony
- Ralph Kants (Open Forum): Asked about a referral letter to the city auditor from the September meeting. Executive Director Barazoto confirmed the letter would be sent after this meeting and offered to share a copy.
- Alexis (During discussion on planning department): Raised concerns about incomplete public records responses, missing RF emission reports, lack of conditions of approval for telecom projects, and broken links on the city’s portal. Stated she could not trust the bureau to provide accurate information.
- Ralph Kants (Again during discussion): Criticized the request system for allowing only one department per request, improper redaction of city employee email addresses, and failure to upload records to the city’s document management system. Also questioned the legal basis for not requiring signatures on conditions of approval.
Discussion Items
- Department of Planning and Building Public Records Process: Department head Bill Gilchrist, records unit supervisor Tiffany Corrado, and staff presented responses to eight questions from the commission. Key points:
- The unit now has nine staff members and standard operating procedures developed since January 2020.
- Public records requests have increased dramatically: 815 in 2018, 1,700 in 2020, and projected 2,114 in 2021 (52% increase).
- Average closure time dropped from over 30 days in 2018 to approximately 8 days currently.
- Challenges include high staff turnover, volume of email-based requests (EDDRs), and coordination with IT.
- Improvements include cross-training, a two-tier review process (PSR gathers, senior PSR reviews/redacts), and regular team meetings.
- Regarding specific mediation cases: The department now retains three copies of RF emissions reports (after 2019 mediation) and confirmed that conditions of approval are binding regardless of applicant signature. A signature provision is administrative, not codified.
- No evidence of intentional withholding of records was found.
- Enforcement Cases:
- Item 6 (Annie Campbell Washington): A stipulation for $2,171 in penalties was signed but payment not received. The item was continued to a future meeting by motion (6-0).
- Items 7 & 8: Staff recommended adding treasurers as named respondents in two campaigns. Motions to adopt staff recommendations passed 7-0 each.
- Subcommittee Formation: Recruitment subcommittee (Chair MacDonald, Commissioners Klein and Levitt) and Enforcement subcommittee (Commissioners Perteet, Micik, and Vice Chair Yan) were established.
Key Outcomes
- Special Meeting: RESOLUTION NO. 21-01 (virtual meetings) passed 6-0.
- Approval of Minutes: Minutes of September 2 and September 17 special meetings approved 5-0 (Commissioners Levitt and Klein abstained).
- Annie Campbell Washington Case: Continued to next meeting pending receipt of penalty payment.
- Case 7 (E-Space): Adopted staff recommendation to add treasurers as respondents (7-0).
- Case 8 (Matt Hummel): Adopted staff recommendation to add treasurer as respondent (7-0).
- Subcommittees: Recruitment and enforcement subcommittees formed with designated members.
- Closed Session: No reportable action on executive director’s performance review.
Note: The meeting began with a special session at 6:15 p.m. and transitioned to the regular meeting at approximately 6:20 p.m. The closed session occurred after adjournment of the public meeting; no actions were reported.
Meeting Transcript
Okay, we are going live. All right. Good evening, everyone. I would like to call this special meeting of the Oakland Public Ethics Commission on November 1st to order. I would like to start first with the roll call and determination of our quorum. So it does look like we have a quorum of the board. I'll go ahead and start with the roll call. Commissioner Tuman is absent. Commissioner Pertit. Here. Commissioner Mitchick. Here. Commissioner Levitt. Here. Commissioner Klein? Here. Vice Chair Yan. Is absent. And I too am here. Five members present. We do have a quorum of the body. Are there any staff or commission announcements at this time? Staff or commission announcements? No staff announcements. Okay, great. Well, seeing none, I will go ahead and move over to open forum. And open forum is an opportunity for members of the public to speak on items that are not on our agenda this evening. Open forum is not used as an opportunity to have a dialogue between the commission and the public, but it is an opportunity for members of the public to share any comments on non-agenda related matters this evening. Is there any public comment at this time? Any public comment at this time. All right, seeing none, we will go ahead and move on to our one action item this evening. Just as a reminder, we do have our regular meeting that will begin at 6 30 as well. We have one action item uh this evening, and the action item is virtual meetings by the public ethics commission. The commission will review and take possible action on a resolution establishing certain determinations to justify the ongoing need for virtual meetings following the California State Legislature's adoption and governor's approval of AB 361 on September 16th of 2021. Good evening, Chair and Commissioners, members of the public, Trisha Shaffee with the Oakland City Attorney's Office. There is nothing additional you need other than to pass the resolution as written after you can discuss it and take public comment. Excellent. Thank you so much. And my apologies. Seeing none, is there any public comment at this time? All right, seeing no public comment at the time, I will move adoption of resolution 2101 as written by staff. Is there a second? Second. Seconded by Vice Chair Yan and Vice Chair Yan is present as well. Okay, we do have a motion and a second on the roll call. Commissioner Tuman is absent. Commissioner Pertit. Commissioner Mitchick. Aye. Commissioner Levitt.
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