Oakland Public Ethics Commission Regular Meeting - August 10, 2022

The Oakland Public Ethics Commission (PEC) held a regular meeting via teleconference on August 10, 2022, at 6:30 p.m. The meeting included votes to renew virtual meeting authority, approve meeting minutes, elect a Vice Chair, accept a stipulated enforcement penalty, and receive reports on subcommittees, enforcement, and the executive director. Public comment raised concerns about agenda distribution and meeting notice compliance.

Consent Calendar

• No consent calendar was used; all action items were considered individually.

Public Comments & Testimony

• Ralph Camps (regular attendee): Stated that he did not receive agenda emails for June, July, or August meetings due to a technical issue with the city's new customer service platform. He argued that the failure to send agendas to all subscribers required a cure and correct action under the Sunshine Ordinance, and that the commission was not leading by example. He also commented on the Justin Berton enforcement case, noting the destruction of public records (Nextdoor posts) and the need for further investigation.
• Ralph Camps (on minutes): Repeated that the June special meetings were not properly noticed and required cure and correct.
• Ralph Camps (on Fair Elections Act): Noted the charter requires PEC input on ballot measures, which was not adequately provided.
• Ralph Camps (on commissioner recruitment): Suggested that board/commission members who fail to file Form 700 should be without power to vote.

Discussion Items

• Virtual Meetings (Item 4): The Commission renewed Resolution 22-01, determining that in-person meetings pose imminent health risks due to COVID-19 and authorizing continued teleconference meetings under AB 361. Passed unanimously (4-0, Commissioner Tuman absent).
• Cure and Correction – June 27 Special Meeting (Item 5): Staff explained that a portion of the June 27 special meeting was not recorded, and the action to adopt Resolution 22-05 was taken during that unrecorded period. The commission discussed the item out of abundance of caution but, after legal advice from Deputy City Attorney Trish Shafie, decided no vote was required. The action remained valid.
• Cure and Correction – Brown Act Email Violation (Item 6): A commissioner responded to an email from Councilmember Kalb's staff regarding an honorary resolution, replying to all commissioners, which was a Brown Act violation. The email was placed in the public correspondence file; no further action was needed.
• Approval of Minutes (Item 7): The Commission approved minutes for four meetings: June 6 special, June 8 regular, June 23 special, and June 27 special. All were approved by votes of 4-0 (Commissioner Tuman absent).
• Election of Vice Chair (Item 8): Commissioner Ryan Micik was nominated and unanimously elected Vice Chair for the remainder of 2022.
• Subcommittee Reports (Item 10):
  • Enforcement Subcommittee: No meeting in July; will discuss enforcement recommendations from the Alameda County Grand Jury report on Form 700 compliance.
  • Fair Elections Act Subcommittee: Chair Hill reported that the City Council placed the Fair Elections Act on the November ballot; she proposed dissolving the subcommittee, which the Chair approved.
  • Outreach Subcommittee: Chair Upton reported on work to revise the commission's background document, improve the PEC website, create a shared commissioner calendar, and develop outreach materials. A graphic designer may be engaged.
• Commissioner Recruitment (Item 11): Staff shared that two commission-appointed vacancies will occur in January 2023 (seats of former Commissioners McDonald and Micik, who moved to a city attorney-appointed seat). Application deadline is October 14, 2022. Short-term vacancies for the remainder of 2022 have also been posted but have received no applicants. Commissioners discussed outreach through personal networks.
• Limited Public Financing Program (Item 12): Staff reported that approximately $177,000 is available for the 2022 election. Candidates for Districts 2, 4, and 6 will be eligible. A special meeting is expected on August 24, 2022, to determine the disbursement plan, as the fund is insufficient to pay the maximum 30% of expenditure ceilings. Historically, funds have been divided equally among candidates.
• Disclosure and Engagement (Item 13): Staff highlighted that multiple advisories on misuse of city resources for campaigning were sent to all city employees and training was offered.
• Enforcement Program (Item 14): Enforcement Chief Kellie Johnson reported that 3 new complaints were received since June, bringing the total open caseload to 53. Six cases were dismissed, including complaints against Assistant City Administrator Gregory Minor, Planning Commissioner Vince Sugrue, Councilmember Sheng Thao's campaign, Councilmember Loren Taylor, and Planning and Building Department staff. The dismissal of a complaint against a planning commissioner revealed that the commissioner was not informed of Form 700 filing requirements for over a year after appointment, highlighting a systemic issue with the City Clerk's office. Commissioner Micik expressed concern about onboarding of board/commission members.
• Executive Director's Report (Item 15): Acting Executive Director Suzanne Doran reported that the Alameda County Civil Grand Jury's 2021-2022 report recommended transferring Form 700 filing officer duties from the City Clerk to the PEC. A draft response is being coordinated with other city departments, with a deadline of September 26, 2022. The hiring of a new Executive Director is nearing completion, with an announcement forthcoming.

Key Outcomes

• Resolution 22-01 Renewed: Virtual meetings authorized for the next month (4-0).
• Minutes Approved: June 6, June 8, June 23, and June 27, 2022, meeting minutes all approved (4-0).
• Vice Chair Elected: Commissioner Ryan Micik elected Vice Chair (4-0).
• Stipulation Approved: In the Matter of Justin Berton (Case No. 18-45), the Commission approved a stipulation finding a violation of the Government Ethics Act (Misuse of City Resources) and imposing a $1,000 penalty (4-0). The fine was paid concurrently.
• Cure and Correct Actions: No formal actions taken; items were informational.
• Subcommittees: Fair Elections Act Subcommittee dissolved; Outreach Subcommittee will continue development of materials.
• Future Meetings: A special meeting on August 24, 2022, is scheduled to determine Limited Public Financing disbursement. A training for commissioners on administrative hearings is planned for September. The next regular meeting is on September 14, 2022, with Chair Perteet absent; Vice Chair Micik will preside.