Oakland Public Ethics Commission Regular Meeting - August 10, 2022
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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.
Meeting Transcript
Good evening, everyone. Um, welcome to the It is now August, the August meeting of the Oakland Public Ethics Commission. We have a quorum, we have at least four commissioners. I will take a roll call for attendance. So we have four commissioners here. All right. And we'll start off with any staff and commission announcements. Hi, Chair Pratit. Uh, this is Suzanne Doran, Acting Director. I have a couple announcements. The first is for scheduling. Um, we talked in past meetings about the commission's interest to act as a hearing officer at future administrative hearings, and staff is preparing a training for that. And we expect that we'll conduct that as a special meeting in September. So if anybody has any dates that you would want us to block out because you're not available, that would be helpful if you could let staff know and um we'll start working on that date as soon as we can. Um, the other announcement I wanted to make is that uh in May, the city changed its um customer service management platform, and that affected our subscriber list for the public ethics commission that's managed by our digital services department. And um, we did get uh an email from at least one subscriber who said that he didn't receive his agenda mailings in June. So we've been we've met with digital services when we're trying to determine um exactly what happened and and who was affected, um, and make sure that that's corrected going forward. So if there's um anybody watching who's a subscriber and you've been having any issues, please reach out to us and let us know that so we can make sure that you're included in the future. And um I was gonna ask our our counsel from the city attorney's office, Ms. Shaffi, could you let us know if there's any other corrective action that the commission needs to take? Good evening, commissioners and staff and members of the public. Trisha Shaffee with the Oakland City Attorney's Office. Uh no, based on the municipal code section 2.20.090. The mere fact that an agenda subscriber did not receive his agenda does not mean that any cure or corrective action needs to be taken legally. Thank you. Um, I have one announcement. Um, I will not be, I'll be out of town for the next commission meeting on the 14th of September. Um, be unavailable the entire week of September 12th through the 16th, and that's I will be out of town. And um we may be able to address that and deal with that in another fashion based on some other actions we'll take this evening. Are there any other staff or commission announcements? Okay. Uh we will now move on to open form. Open form is a time for a member of the public to comment on any matter within the jurisdiction of the PEC that is not otherwise included in tonight's agenda. Under the Sunshine Ordinance, the commission cannot discuss the substance of any public comment made that does not pertain to an item listed on the agenda. Is there any public comment? Let's see. There's one hand um raised, and we will recognize Mr. Ralph Camps, and you will have three minutes. Hi, good evening. Um the person who was never sent agendas during the month of June or sent the agenda for the August meeting in a timely fashion. Um I think you need to go get some outside uh analysis of the need to do a cure and correct for the June meetings because the Brown Act and the Sunshine Ordinance are absolutely clear that you must send the agenda to all agenda subscribers that did not occur. That mandates a cure and correct for the meetings where that did not occur. There is no there's no exception to that. Now, if they're trying to claim it was a technical error, which we we have that exception in the Sunshine Ordinance, but it does not apply to this because this says you must send it to every agenda subscriber. What the sunshine ordinance addresses is if there's a technical problem, an IT problem to where it can't get sent to anybody. That's a separate issue. In this particular issue, the commission was discussing the selection of a new executive director. And basically the public had no input into that for this exact reason. And selection of a new executive director is an important issue. And the public is was denied the opportunity to participate in that discussion.
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