Oakland Public Ethics Commission Meeting Summary – April 13, 2022

The Oakland Public Ethics Commission (PEC) held its regular meeting on April 13, 2022, via teleconference. The main agenda item was a presentation and discussion of the proposed Oakland Fair Elections Act, a comprehensive campaign finance and public financing reform measure introduced by the Bay Area Political Equality Collaborative (BayPEC). After hearing presentations, public testimony, and commissioner deliberation, the Commission voted 4-1 to support the proposal and to create a subcommittee to work with staff and the coalition on further amendments. The Commission also unanimously renewed Resolution 22-01 to continue virtual meetings under AB 361, approved prior meeting minutes, and received updates on enforcement, disclosure, and the limited public financing program.

Consent Calendar

• Renewal of Resolution 22-01 (Virtual Meetings): The Commission renewed its determination that in-person meetings pose an imminent health risk due to COVID-19 and elected to continue teleconferencing under AB 361. The resolution passed 5-0 (Commissioner Tuman absent).
• Approval of March 9, 2022 Regular Meeting Minutes: The minutes were approved 4-0-1 (Vice Chair MacDonald abstained due to absence; Commissioner Tuman absent).

Public Comments & Testimony

• Open Forum: A member of the public (Mr. Kanz) alleged that the redistricting commission had violated the Brown Act and argued that PEC staff dismissed a related complaint without the required commission vote. He urged the Commission to take action.
• Item 6 – Oakland Fair Elections Act: Numerous speakers expressed support, including:
  • Council Vice Mayor Rebecca Kaplan (via aide) and Council President Nikki Fortunato Bas (via chief of staff) voiced strong support, citing equity and engagement benefits.
  • Representatives from the ACLU of Northern California, Asian Law Caucus, Bay Rising, and other coalition members spoke in favor, highlighting the program's potential to increase grassroots participation and diversify candidate and donor pools.
  • Katie Oakland and Helen Hutchison also expressed support, emphasizing the need to involve low-income and communities of color.
  • One public speaker (Scott Law) opposed the proposal, arguing that it solves a nonexistent problem, is overly complex, and that installing term limits would be more effective. He also noted the absence of Commissioner Tuman, who has campaign experience.

Discussion Items

• BayPEC Presentation of the Oakland Fair Elections Act:

  • Jonathan Mehta Stein (California Common Cause), liz suk (Oakland Rising), and Gail Wallace (League of Women Voters Oakland) presented the proposal. Key elements include:
    • Replacing the existing Limited Public Financing Act with a Democracy Dollars program providing each voter with four $25 vouchers ($100 total) to donate to certified candidates.
    • Reducing individual contribution limits from $900 to $400 and small contributor committee limits from $1,800 to $800.
    • Extending the post-employment lobbying ban for city officers from one year to three years.
    • Creating a public online repository for independent expenditure communications over $1,000.
    • Funding: $4 million per cycle for vouchers, $1.25 million per cycle for administration, plus $700,000 in startup costs and four additional PEC staff positions.
  • Commissioners raised questions about cost, staffing, timeline (targeting 2024 implementation), coordination with the Registrar of Voters, and benchmarks for success.
  • Renee Lebeau, Seattle Democracy Voucher Program Manager, spoke about Seattle's experience, noting a tiered implementation approach and the importance of community outreach. She confirmed that the timeline is tight but feasible.
  • PEC Executive Director Whitney Barazoto highlighted the need for adequate funding for administrative costs (including mailing, production, and outreach) and suggested reconsidering the biennial budget structure for staff salaries.

• Reports on Subcommittees:

  • The Enforcement Subcommittee (Chair Perteet, Commissioner Micik) did not meet in March but will meet again in April.
  • The Public Records Performance Subcommittee (Vice Chair MacDonald, Commissioner Leavitt) met with staff and is awaiting appointment of a third member from the City Auditor's office. Executive Director Barazoto announced that the Auditor had made an appointment, and the new member will be sworn in soon.

Key Outcomes

• Support for the Oakland Fair Elections Act: The Commission voted 4-1 to support the proposal (Commissioners Hill, Leavitt, Micik, and Vice Chair MacDonald in favor; Chair Perteet opposed, citing financial concerns). The motion also included creating a subcommittee to work with staff and BayPEC on technical amendments and to report back to the full Commission. The subcommittee will be chaired by Commissioner Hill, with Chair Perteet also serving.
• Virtual Meeting Resolution Renewed: Resolution 22-01 was renewed unanimously (5-0) for the next month.
• Minutes Approved: The March 9, 2022 minutes were approved with one abstention.
• Future Meeting: The Commission will hold a retreat on April 21 and 22, 2022 (5:00–8:30 p.m. both days), which will be virtual and open to the public with opportunities for comment.