Oakland Public Ethics Commission Regular Meeting - September 14, 2022

The Oakland Public Ethics Commission (PEC) met via teleconference on Wednesday, September 14, 2022, at 6:30 p.m. Commissioners present: Ryan Micik (Chair), Charlotte Hill, Joseph Tuman, and Francis Upton IV. Chair Arvon Perteet was absent. The meeting addressed the renewal of virtual meeting authority, approval of minutes, subcommittee updates, disclosure and enforcement reports, and future business. Key actions included renewing Resolution 22-01 for virtual meetings, approving the August 10, 2022 minutes, and correcting a broken link in the agenda packet.

Public Comments & Testimony

• No members of the public spoke during Open Forum or on any agenda item.

Discussion Items

• Virtual Meetings Renewal (Item 4): The Commission renewed Resolution 22-01, finding that in-person meetings still pose imminent health risks due to COVID-19. The vote was 4-0 in favor.
• Approval of Minutes (Item 5): The minutes of the August 10, 2022 regular meeting were approved unanimously (4-0).
• Subcommittee Reports (Item 6):
  • Enforcement Subcommittee: Chair Micik reported that the subcommittee (Perteet, Micik, Tuman) discussed training for commissioners to serve as hearing officers. Options included a live training, a recorded video, or a hybrid model. The Commission agreed to send a survey to commissioners to gauge preferences and availability. The training is optional but strongly encouraged. Commissioner Tuman emphasized the importance of covering not just legal requirements but also ethical norms.
  • Outreach Subcommittee: Commissioner Upton reported that the subcommittee (Upton, Hill) met with staff to review outreach materials and a calendar of community events. Commissioners are encouraged to sign up for events to recruit new members. Commissioner Hill stressed the need for diverse candidates, including those from underserved communities and people with disabilities. Commissioner Tuman added that recruitment should focus on individuals committed to the Commission's work, not just using it as a stepping stone.
• Disclosure and Engagement (Item 7): Director Kellie Johnson presented updates. The Limited Public Financing Program now has 7 candidates opted in (up from 4 in the written report). The first deadline for applicants to submit documents is September 19, 2022. Staff also noted a broken link in the agenda packet (page 2, paragraph 3) and moved to correct it. The motion passed 4-0. The report highlighted $1,380,000 in behested payments during the first half of 2022, 98% of late contributions going to ballot measure committees, and 37 requests for advice in August.
• Enforcement Program (Item 8): Acting Enforcement Chief Simon Russell reported no additions to the written report. The Commission has 47 open enforcement cases: 4 in preliminary review, 23 under investigation, 4 in legal analysis, and 16 in settlement or pending hearing.
• Executive Director’s Report (Item 9): Director Johnson updated on staffing: recruitment for a permanent Enforcement Chief opened September 12 and closes September 30. The job has been posted nationally. She also reported on the agenda subscriber issue; Nicole Nedich from the Communications Department answered questions about the migration error that caused some subscribers to miss agendas. The problem has been fixed, and backups were used. Commissioner Upton pressed for root-cause analysis and assurance that other city lists were not affected. Commissioner Tuman linked prompt communication to public trust in institutions.

Key Outcomes

• Resolution 22-01 renewed for virtual meetings (4-0).
• August 10, 2022 minutes approved (4-0).
• Agenda packet corrected to fix broken link (4-0).
• Survey to be sent to commissioners to determine preferred format for hearing officer training.
• Enforcement Chief recruitment open until September 30, 2022.
• Commissioner Upton requested a future agenda item on self-service public records access; Chair Perteet deferred discussion to October.
• Director Johnson asked commissioners to direct all staff communications to her directly.