Oakland Public Ethics Commission Regular Meeting – February 9, 2022

The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, February 9, 2022, at 6:30 p.m. via teleconference. Commissioners present: Arvon Perteet (Chair), Michael MacDonald (Vice-Chair), Charlotte Hill, Ryan Micik, and Joseph Tuman. Commissioner Jessica Leavitt was absent. The Commission approved the renewal of virtual meeting authority, adopted the 2021 Annual Report, and approved a proposed City Ticket Policy Ordinance with amendments to be forwarded to the City Council. Several informational reports were presented, and public comment was heard on multiple items.

Consent Calendar

• Approval of January 12, 2022, Meeting Minutes: The vote was postponed because only three members (Perteet, MacDonald, Micik) who had attended the January meeting were present. Commissioners Hill and Tuman abstained per City Attorney advice, leaving no majority. The item was continued to the next meeting.

Public Comments & Testimony

• City Ticket Policy Ordinance: A speaker noted that the current policy works well and that tickets often go to disadvantaged families and children. They expressed concern that adding authority to deny requests could subject the ticket administrator to undue pressure.
• Redistricting Complaint (Out of Order): A speaker alleged that Councilmember Lauren Taylor improperly influenced the redistricting commission and requested that the PEC investigate. The Chair reminded the speaker that the item was not on the agenda.
• Open Disclosure Tool: A speaker praised the PEC’s Open Disclosure tool for campaign finance data but noted the filing interface could be more user-friendly.

Discussion Items

• Virtual Meetings Resolution (Item 4): The Commission renewed Resolution 22-01, finding that in-person meetings still pose imminent health risks due to COVID-19. The resolution was approved by a 5-0 vote (MacDonald, Hill, Micik, Tuman, Perteet).
• Public Ethics Commission Annual Report (Item 6): Staff presented the 2021 Annual Report, highlighting record fines of $365,600, expanded open data releases, and new training programs. Minor corrections were noted (e.g., Espinosa fine amount, updates to lobbyist data). The report was approved unanimously (5-0).
• Proposed City Ticket Policy Ordinance (Item 7): Staff presented a draft ordinance to replace the outdated 2009 resolution. The ordinance aligns with 2019 state FPPC regulations, limits ticket use by high-level officials, expands public purposes, and applies citywide. Commissioner MacDonald moved two amendments: (1) reduce the reporting period from 45 to 25 days, and (2) explicitly prohibit the sale of city tickets by public servants. The motion passed (5-0). The ordinance, as amended, will be forwarded to the City Council.
• Subcommittee Reports (Item 8): The Enforcement Subcommittee (Perteet, Micik) reported progress on reviewing enforcement practices from other California agencies. The Public Records Performance Subcommittee (MacDonald, Leavitt) has not yet met; a third member will be appointed.

Key Outcomes

• Approved Resolution 22-01 (virtual meetings) – 5-0 vote.
• Approved 2021 Annual Report with corrections – 5-0 vote.
• Approved City Ticket Policy Ordinance with amendments (25-day reporting period and prohibition on sale of tickets) – 5-0 vote. The ordinance will be sent to the City Council for adoption.
• Postponed approval of January 12, 2022, meeting minutes to the next meeting due to lack of a qualified majority.
• Informational Items: The Commission received the 2022 Lobbyist Registration Act Guide, the 2022 campaign contribution and expenditure limits (published by February 1), the monthly Disclosure and Engagement report, the Enforcement Program update (including dismissal of Case No. 22-01), and the Executive Director’s report (including retreat planning and mediation summaries).
• Future Meeting Business: The Commission will hold a retreat on April 21 or 22, 2022, to discuss priorities and hear training on enforcement hearings.