Oakland Public Ethics Commission Regular Meeting – March 9, 2022

The Oakland Public Ethics Commission (PEC) held its regular meeting on March 9, 2022, at 6:30 p.m. via teleconference. The meeting was called to order at 6:32 p.m. and adjourned at approximately 8:22 p.m. Commissioners present: Arvon Perteet (Chair), Michael MacDonald (Vice-Chair), Charlotte Hill, Jessica Leavitt, Ryan Micik, and Joseph Tuman. Commissioner MacDonald was absent. The meeting covered renewal of virtual meeting authority, approval of prior minutes, City Council salary adjustment, subcommittee updates, informational reports, and public comment.

Consent Calendar

• Renewal of Virtual Meetings Resolution (Resolution 22-01): The Commission voted 5-0 to renew the resolution determining that in-person meetings pose imminent health risks and to continue teleconference meetings under AB 361. Commissioner Hill moved, Commissioner Tuman seconded. The vote was 5 ayes (Hill, Leavitt, Tuman, Micik, Perteet); Commissioner MacDonald absent.

Public Comments & Testimony

• Ralph Kanz (member of the public, former PEC commissioner) commented on two issues: (1) the need to update the 20-year-old Sunshine Ordinance, and (2) the City Attorney’s conflict of interest in representing both the PEC and the Redistricting Commission, advocating for independent counsel for the PEC.
• Zinny Abraham (public speaker) spoke during the salary adjustment item, suggesting that the Commission consider a performance-based hold on the raise due to the pandemic’s impact on the city budget and Oaklanders. He also urged the Commission to think about unusual economic conditions.
• Ralph Kanz (again) argued that the City Charter provision forcing the PEC to set Council salaries is inappropriate and that the responsibility should be moved to another body. He also noted that the salary increase is mandatory under the charter.
• Ralph Kanz (during enforcement discussion) criticized the dismissal of complaint 21-08 against the Redistricting Commission, stating that the failure to post agenda-related materials was a violation of the Sunshine Ordinance and that the City Attorney’s conflict of interest tainted the process.
• Ms. Knight and Smith (public speaker) expressed concern that the Redistricting Commission’s failure to properly notice the December 13, 2021, meeting invalidated subsequent actions, including the selection of district maps, which she argued disenfranchised District 7 voters.
• Zinny Abraham (again) urged the Commission to refer the matter to the City Council for discussion, rather than dismissing the complaint.

Discussion Items

• Enforcement Subcommittee Report: Chair Perteet and Commissioner Micik reported that the subcommittee is reviewing enforcement policies and practices by comparing them with sister agencies (e.g., Los Angeles, San Diego). The subcommittee is in the early stages of gathering information and may bring recommendations to the full Commission. Chief Johnson noted that the subcommittee is evaluating different enforcement approaches.
• Public Records Performance Subcommittee: Vice-Chair MacDonald reported that the subcommittee is on hold pending appointment of a third commissioner by the City Auditor.
• Enforcement Program Update: Chief Kellie Johnson presented the monthly enforcement report, which included the dismissal of Complaint No. 21-08 against the Oakland Redistricting Commission. The complaint alleged failure to provide notice and agenda to email subscribers for the December 13, 2021, special meeting. Chief Johnson explained that while the Redistricting Commission did not send the agenda to subscribers, the Sunshine Ordinance (OMC 2.20.090(D)) provides that such failure does not invalidate actions taken at the meeting, and because the complainant attended the meeting, he had actual notice, barring the complaint under OMC 2.20.070. The Commission also lacks authority to order a “cure and correct.” The dismissal was upheld, but Chief Johnson recommended that the Redistricting Commission request future training on the Sunshine Ordinance. Commissioners discussed the limitations of the current law and the possibility of recommending policy changes at the upcoming retreat.

Key Outcomes

• Approval of January 12, 2022, Meeting Minutes: Passed 4-0 (Commissioner Hill abstained as she was not yet a commissioner; Commissioner MacDonald absent).
• Approval of February 9, 2022, Meeting Minutes: Passed 4-0 (Commissioner Leavitt abstained because she was absent from that meeting; Commissioner MacDonald absent).
• City Council Salary Adjustment: The Commission voted 5-0 to adopt staff recommendation for a 6.3% increase in City Councilmember salaries as required by City Charter Section 202, raising the annual salary from $97,480.55 to $103,621.82, effective July 2022. No additional discretionary increase was authorized. The resolution will be transmitted to the City Administrator, HR, and Treasury.
• Enforcement Dismissal Upheld: The Commission took no action on the dismissal of Complaint 21-08, effectively accepting the staff’s determination. The matter is closed.
• Future Meeting Business: The Commission confirmed its retreat will be held on April 21 and 22, 2022, with a possible hybrid option to accommodate commissioners who cannot attend in person. The regular April 13 meeting may be kept on the calendar to consider a potential ballot measure from the Bay Pact Coalition regarding campaign finance reform.
• Commissioner Recruitment: The City Auditor is completing interviews for a vacant commissioner seat; the final appointment is expected soon.

Informational Items

• Oakland Campaign Reform Act Guide 2022: Staff presented the updated guide, which includes 2022 contribution and spending limits, updated electronic filing processes, and minor clarifying edits. No changes to the law were made.
• Disclosure and Engagement Report: Lead Analyst Suzanne Doran reported that mandatory ethics training for Form 700 filers has been migrated to the citywide NEOGOV Learn platform, enabling automated tracking and assignment. The system will now send reminders and track compliance. Staff also completed 25 advice requests in February, trained 61 new employees, and updated the OCRA Guide.
• Executive Director’s Report: Whitney Barazoto reported that the Bay Pact Coalition is preparing a ballot measure on campaign finance reform, which may be presented at the April 13 meeting. Staff is also preparing to hire two part-time temporary employees for the 2022 election cycle. The retreat will be facilitated by a consultant for strategic visioning.