OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Oakland Public Ethics Commission Regular Meeting - October 12, 2022

Public Ethics CommissionWednesday, October 12, 2022
BodyOakland, California
SessionPublic Ethics Commission
DateWednesday, October 12, 2022
StatusFILED
Video Record

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Transcript — Verbatim
4:09

Welcome everyone to the October meeting of the Open Public Ethics Commission.

4:14

We do have a quorum of at least four commissioners, and we'll start the meeting.

4:19

We'll start off by taking roll call.

4:31

Present.

5:00

Any announcements from the commissioners.

5:04

Okay, none.

5:08

Um we will move to open form.

5:11

Open form is a time for a member of the public to comment on any matter within the jurisdiction of the PEC.

5:18

Is that that is not otherwise included in tonight's agenda?

5:21

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.

5:30

Is there any public comment?

5:34

Let me see.

5:46

Hearing none.

5:48

And I apologize because I um I failed to acknowledge staff.

5:53

So we have uh Chief, I'm sorry, uh Executive Director Johnson, who is present.

6:00

Um we have Oliver Luby, who is substituting for Trisafi from the city attorney's office.

6:06

We have acting um chief Simon Russell, we have Miss Suzanne Duran, and do we have any other um staff attending tonight?

6:21

Okay, thank you.

6:22

All right, we'll move on to item number four.

6:28

So item number four is a preliminary action uh regarding virtual meetings that allows for us to continue to meet virtually.

6:38

The commission will review and take possible action to renew resolution 22-01, establishing certain determinations to justify the ongoing need for virtual meetings following the California state legislature's adoption and governance approval of AB 361 on September 16th, 2021.

6:59

Is there any commissioner comment on um this item?

7:05

Uh yes, Chair Purit.

7:07

Um, I'm wondering, uh I'd like us to meet in person, and obviously I want us to be safe, but I think meeting in person would be better because we can all see each other better and react to each other better and and possibly be better available to the public.

7:20

So I'm wondering um what what our criteria is for deciding whether you know when we want to go back to meeting in person.

7:32

Okay, um either executive director Johnson or um Mr.

7:40

Luby, if you have any input or information that you can provide related to that, any updates or changes.

7:51

I can add and certainly Oliver um from the city attorney's perspective, uh I welcome your contributions, but at this time the city hall building is still closed to the public, and the purpose of our meetings is to make sure that uh we are able to have the public participate in the meetings.

8:18

So we are hoping and and planning for January.

8:23

Um staff has already made room reservations in preparation for those changes.

8:29

Um, but that is the primary reason at this point while why we are uh moving forward with continuing under uh the provisions for COVID um provisions uh because we want to make sure that we are in compliance with what the city administrator has set for the building.

8:55

Got it.

8:55

Thank you so much.

8:56

Um Director Johnson.

8:59

Um so I assume all of the commissions and boards and everything are are remote until that time.

9:05

Um yeah, I I don't I don't know if we can speak to all the commissions or boards, but um, I mean at this time I don't know if any other changes.

9:18

Uh Mr.

9:18

Luby, do you have any additional input?

9:24

Uh this is Oliver Luby.

9:26

I I do not uh I'm happy to answer questions about AB 361 if there are any questions about the law.

9:33

Uh essentially the with City Hall closed.

9:37

Uh the commission would be unable to meet uh if this resolution is not adopted.

9:42

Got it.

9:43

Okay, that's super clear.

9:44

Thank you so much.

9:47

All right, any other commissioner comment?

9:51

All right, now open it up to public comment.

9:56

Is there any public comment?

10:04

Hearing none.

10:07

I move that we adopt or continue to adopt this resolution on related to AB 361 that allows us to continue the meeting virtually and hold this meeting tonight.

10:18

Is there a second?

10:20

I second.

10:21

Second.

10:22

So it's been moved by Chair Purteet, second by Commissioner Upton.

10:27

Take a roll call vote.

10:29

Commissioner Upton.

10:30

Yes.

10:32

Commissioner Mitchell, Vice Chair Mitchick.

10:35

Aye.

10:36

Commissioner Hill.

Discussion Breakdown — Share of Meeting
Public Engagement███████████████████19%
Subcommittee Management███████████████15%
Procedural████████████12%
Enforcement Program Report█████████9%
Community Engagement████████8%
Strategic Planning████████8%
Public Records██████6%
Public Records Management█████5%
Executive Director Report█████5%
Summary of Proceedings

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.

Meeting Transcript

Welcome everyone to the October meeting of the Open Public Ethics Commission. We do have a quorum of at least four commissioners, and we'll start the meeting. We'll start off by taking roll call. Present. Any announcements from the commissioners. Okay, none. Um we will move 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. Is that 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 me see. Hearing none. And I apologize because I um I failed to acknowledge staff. So we have uh Chief, I'm sorry, uh Executive Director Johnson, who is present. Um we have Oliver Luby, who is substituting for Trisafi from the city attorney's office. We have acting um chief Simon Russell, we have Miss Suzanne Duran, and do we have any other um staff attending tonight? Okay, thank you. All right, we'll move on to item number four. So item number four is a preliminary action uh regarding virtual meetings that allows for us to continue to meet virtually. The commission will review and take possible action to renew resolution 22-01, establishing certain determinations to justify the ongoing need for virtual meetings following the California state legislature's adoption and governance approval of AB 361 on September 16th, 2021. Is there any commissioner comment on um this item? Uh yes, Chair Purit. Um, I'm wondering, uh I'd like us to meet in person, and obviously I want us to be safe, but I think meeting in person would be better because we can all see each other better and react to each other better and and possibly be better available to the public. So I'm wondering um what what our criteria is for deciding whether you know when we want to go back to meeting in person. Okay, um either executive director Johnson or um Mr. Luby, if you have any input or information that you can provide related to that, any updates or changes. I can add and certainly Oliver um from the city attorney's perspective, uh I welcome your contributions, but at this time the city hall building is still closed to the public, and the purpose of our meetings is to make sure that uh we are able to have the public participate in the meetings. So we are hoping and and planning for January. Um staff has already made room reservations in preparation for those changes. Um, but that is the primary reason at this point while why we are uh moving forward with continuing under uh the provisions for COVID um provisions uh because we want to make sure that we are in compliance with what the city administrator has set for the building. Got it. Thank you so much. Um Director Johnson. Um so I assume all of the commissions and boards and everything are are remote until that time. Um yeah, I I don't I don't know if we can speak to all the commissions or boards, but um, I mean at this time I don't know if any other changes. Uh Mr. Luby, do you have any additional input? Uh this is Oliver Luby. I I do not uh I'm happy to answer questions about AB 361 if there are any questions about the law. Uh essentially the with City Hall closed. Uh the commission would be unable to meet uh if this resolution is not adopted. Got it. Okay, that's super clear. Thank you so much. All right, any other commissioner comment? All right, now open it up to public comment. Is there any public comment? Hearing none. I move that we adopt or continue to adopt this resolution on related to AB 361 that allows us to continue the meeting virtually and hold this meeting tonight.

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