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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Public Ethics Commission Special Meeting – August 24, 2022

Public Ethics Commission — Wednesday, August 24, 2022

BodyOakland, California

SessionPublic Ethics Commission

DateWednesday, August 24, 2022

StatusFILED

Video Record

0:00 / 19:03

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:01

Welcome everyone to the February.

0:03

I'm sorry, to the August special meeting of the Public Ethics Commission.

0:09

We'll start with a roll call vote.

0:12

I'm going to start a roll call to determine if we have a quorum.

0:17

Commissioner Mitchick, Vice Chair Mitchick.

0:22

Present.

0:24

Commissioner Hill.

0:26

Here.

0:26

Commissioner Tuman.

0:29

Commissioner Tuman is absent.

0:31

Commissioner Upton.

0:32

Yeah.

0:33

And Commissioner Pertit is also here.

0:36

So we do have a quorum.

0:38

We also have staff here.

0:40

We have executive director Kelly Johnson.

0:43

This is the first time I'm saying that in public out loud at a public ethics commission.

0:48

We'll get more to that later.

0:50

Our previous acting director, Suzanne Duran, and our city council.

0:59

I'm sorry, uh Council, Deputy City Council, Trish Shaffy.

1:06

So we will next move to staff and commission announcements.

1:10

First, we'll start with commission announcements.

1:13

So I want to formally welcome and congratulate our new executive director.

1:29

And I also want to publicly thank our interim acting director Suzanne Doran, who did a wonderful job communicating with staff, the various city offices and the commission, and you were a great stand-in during the period of time.

1:47

And we want to say a special heartfelt thank you to you, Ms.

1:52

Dorne, and a welcome in her new capacity.

2:00

Are there any other commissioner announcements?

2:07

And then any staff announcements.

2:16

Okay.

2:17

We will now move to open form.

2:22

Open forum 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.

2:31

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.

2:41

Is there any public comment?

2:54

Hearing none.

2:56

We will now move to item number four.

3:00

And I um I'm sorry, item number three.

3:05

Um virtual meetings by the public ethics commission.

3:10

We're currently operating under a resolution that allows us to emergency declaration and resolution that was adopted by the governor's office due to the pandemic.

3:21

Um this resolution was approved at our previous meeting to appear virtually.

3:27

Is there any commissioner comment on this resolution?

3:35

Is there any public comment on this resolution?

3:43

Hearing none, is there a motion to approve and renew the resolution that we continue to operate virtually?

3:50

I move.

3:52

It's been moved by Commissioner Hill.

3:54

I second, and seconded by Commissioner Upton.

3:57

We'll take a roll call vote.

3:59

Um Vice Chair Mitchick.

4:04

Commissioner Hill.

4:06

Aye.

4:08

Commissioner Tuman was not present.

4:11

I'm sorry, Commissioner Tuman is present.

4:14

Yeah.

4:16

I think you're on mute, Commissioner Tooman.

4:21

I'm apologize for the tardiness.

4:23

I had three different times given to me for answering this, and uh one of them was also for tomorrow.

4:30

So it took me uh by surprise and finally got in here.

4:33

Yeah, that is for another meeting.

4:35

So you uh what is your vote?

4:37

I'm sorry.

4:38

Uh we're voting on the resolution to meet virtually.

Discussion Breakdown — Share of Meeting

Campaign Finance█████████████████████████████████████████████66%

Procedural██████████████████26%

Election Policy█████8%

Summary of Proceedings

Public Ethics Commission Special Meeting – August 24, 2022

The Public Ethics Commission held a special teleconference meeting on August 24, 2022, at 6:30 p.m. to renew authorization for virtual meetings under AB 361 and to determine distribution of Limited Public Financing Act (LPF) funds for the November 2022 City Council district elections. The commission achieved a quorum with four commissioners present (Perteet, Micik, Hill, Upton; Tuman arrived later) and unanimously approved both agenda items.

Public Comments & Testimony

No public comments were made during Open Forum or on any agenda item.

Virtual Meetings Resolution (Item 3)

The commission reviewed and voted on Resolution 22-01 (the agenda listed Resolution 22-06; the discrepancy is noted) to continue holding virtual meetings, citing the ongoing need under AB 361. Commissioner Tuman arrived during the vote and joined in support. The resolution was approved unanimously.

Limited Public Financing Act Program 2022 (Item 4)

Acting Executive Director Suzanne Doran presented staff analysis showing the LPF fund balance of $177,000 was insufficient to provide the maximum allowable match to all eight certified candidates in Districts 2, 4, and 6. (Commissioner Tuman later referenced $117,000; the discrepancy was not addressed.)
Staff recommended a two-phase distribution: (1) divide the total equally among candidates who opt into the program within 14 days of certification; (2) redistribute any unclaimed funds equally to participating candidates who submit eligible invoices by September 19, 2022.
Chair Perteet disclosed a personal friendship with candidate Harold Lowe (District 2), stating he could remain impartial; no commissioner objected.
Commissioners discussed the adequacy of funds and the eligible expenses, which are limited to voter engagement activities. Staff noted that approximately $20,000 per candidate (if all eight opt in) is meaningful for district council campaigns.

Key Outcomes

Resolution 22-01 (Virtual Meetings): Approved unanimously (4-0, with Tuman voting aye after arrival).
LPF Fund Distribution: Approved unanimously (5-0) to adopt staff’s recommendation: (1) find the fund inadequate for maximum match; (2) divide $177,000 equally among opt-in candidates; (3) implement the two-phase redistribution process.
Next regular commission meeting scheduled for September, with Vice Chair Micik presiding in Chair Perteet’s absence.

Meeting Transcript

Welcome everyone to the February. I'm sorry, to the August special meeting of the Public Ethics Commission. We'll start with a roll call vote. I'm going to start a roll call to determine if we have a quorum. Commissioner Mitchick, Vice Chair Mitchick. Present. Commissioner Hill. Here. Commissioner Tuman. Commissioner Tuman is absent. Commissioner Upton. Yeah. And Commissioner Pertit is also here. So we do have a quorum. We also have staff here. We have executive director Kelly Johnson. This is the first time I'm saying that in public out loud at a public ethics commission. We'll get more to that later. Our previous acting director, Suzanne Duran, and our city council. I'm sorry, uh Council, Deputy City Council, Trish Shaffy. So we will next move to staff and commission announcements. First, we'll start with commission announcements. So I want to formally welcome and congratulate our new executive director. And I also want to publicly thank our interim acting director Suzanne Doran, who did a wonderful job communicating with staff, the various city offices and the commission, and you were a great stand-in during the period of time. And we want to say a special heartfelt thank you to you, Ms. Dorne, and a welcome in her new capacity. Are there any other commissioner announcements? And then any staff announcements. Okay. We will now move to open form. Open forum 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? Hearing none. We will now move to item number four. And I um I'm sorry, item number three. Um virtual meetings by the public ethics commission. We're currently operating under a resolution that allows us to emergency declaration and resolution that was adopted by the governor's office due to the pandemic. Um this resolution was approved at our previous meeting to appear virtually. Is there any commissioner comment on this resolution? Is there any public comment on this resolution? Hearing none, is there a motion to approve and renew the resolution that we continue to operate virtually? I move. It's been moved by Commissioner Hill. I second, and seconded by Commissioner Upton. We'll take a roll call vote. Um Vice Chair Mitchick. Commissioner Hill. Aye. Commissioner Tuman was not present.

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