Oakland Public Ethics Commission Regular Meeting - October 12, 2022

The Public Ethics Commission (PEC) held its regular meeting on October 12, 2022, at 6:30 p.m. via teleconference. The meeting covered renewal of virtual meeting authority, approval of minutes, updates on subcommittees, and reports on disclosure, enforcement, and executive priorities. Commissioners also discussed a proposed new subcommittee on public records transparency and formed a recruitment subcommittee.

Public Comments & Testimony

• No public comments were made during the meeting.

Discussion Items

• Virtual Meetings Renewal: 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. Chair Perteet expressed a desire to eventually return to in-person meetings, but Executive Director Johnson noted that City Hall remains closed to the public and that staff is planning for in-person meetings starting January 2023. The resolution passed 4-0 (Commissioner Tuman absent).
• Approval of Minutes:
  • August 24, 2022 Special Meeting Minutes: Approved unanimously 5-0.
  • September 14, 2022 Regular Meeting Minutes: After discussion, Chair Perteet abstained because he was absent from that meeting. Following a procedural motion to allow the abstention (approved 5-0), the minutes were approved 4-0 with one abstention.
• Subcommittee Reports:
  • Enforcement Subcommittee: Chair Perteet reported that the subcommittee had completed its work on hearing officer training. The training will be provided as a recorded video by October 14, with a Q&A session at the November 9 meeting. The subcommittee was sunsetted, with the understanding that it could be reconstituted if needed after a permanent Enforcement Chief is hired.
  • Outreach Subcommittee: Commissioner Upton, subcommittee chair, proposed closing the subcommittee, but after discussion, the Commission agreed to continue it as an evergreen committee focused on ongoing public outreach and education, not just recruitment. The subcommittee will continue to coordinate commissioner participation in community events.
  • Proposed New Subcommittee on Public Records Transparency: Commissioner Upton requested a subcommittee to improve department disclosure systems, especially for Oakland Police Department records. Commissioners discussed the scope, with Chair Perteet favoring a holistic approach covering all departments. Staff expressed concerns about workload and existing unfinished projects. The decision was tabled until the November 9 meeting, but Commissioner Upton agreed to present research on other municipalities' practices at that meeting.
  • Commissioner Recruitment Subcommittee: With five applications received (deadline extended to October 31), a new subcommittee was formed to review applications and conduct interviews. Vice Chair Micik will chair, with Commissioners Hill and Upton as members.
• Disclosure and Engagement Report (Item 7): Lead Analyst Suzanne Doran presented the report. Highlights included: five candidates qualified for the Limited Public Financing Program (LPF), each eligible for up to $35,400; the Open Disclosure and Show Me the Money tools are active with about 4,000 users this election cycle; staff conducted an ethics check-in with Councilmember Reid's office; and 42 new employees received ethics training in September. The report also noted that outreach events via the PEC Roadshow have faced scheduling and technical issues.
• Enforcement Program Report (Item 8): Acting Enforcement Chief Simon Russell reported 49 open cases: 6 in preliminary review, 20 under investigation, 10 in legal analysis, and 13 pending resolution (settlement or hearing). He noted that the hearing officer training will allow more cases to proceed to hearing. He also provided updates on 2022 goals: two settlements brought to the Commission so far, and efforts to resolve outstanding 2016-2017 cases.
• Executive Director's Report (Item 9): Executive Director Johnson highlighted staffing updates: the Enforcement Chief recruitment was extended to October 21 due to few qualified applicants; the new Administrative Analyst I position is in the interview process; and a temporary investigator position was paused due to funding constraints. The hearing officer training recording will be available by October 14. Commissioner Upton requested clearer differentiation between mandatory statutory work and discretionary projects in future goal-setting documents. Staff agreed to discuss this at a future retreat.
• Future Meeting Business (Item 10): The Commission agreed to include a discussion item on the November 9 agenda to review the outcome of the November 2022 election and its implications for PEC priorities.

Key Outcomes

• Resolution 22-01 (virtual meetings) renewed by a vote of 4-0.
• August 24, 2022 minutes approved 5-0.
• September 14, 2022 minutes approved 4-0 (with one abstention).
• Enforcement Subcommittee sunsetted.
• Outreach Subcommittee continued.
• New subcommittee on public records transparency deferred to November 9 meeting.
• Recruitment Subcommittee created (Micik, Hill, Upton) to screen and interview commissioner applicants.
• Staff directed to include a discussion item on election results at the November 9 meeting.
• Commissioner Upton to present research on other cities' self-service public records practices at the November 9 meeting.