Oakland Public Ethics Commission Regular Meeting - November 9, 2022

The Public Ethics Commission (PEC) met by teleconference on Wednesday, November 9, 2022, at 6:30 p.m. Commissioners present: Chair Arvon Perteet, Vice Chair Ryan Micik, Charlotte Hill, and Joseph Tuman. Commissioner Francis Upton IV was absent. The commission voted 4-0 to renew virtual meeting authority via Resolution 22-01, approved the October 12, 2022 meeting minutes (4-0), and adopted the 2023 regular meeting schedule (4-0). The central action item was a reconsideration request from the City Clerk's Office regarding the transfer of Form 700 (Statement of Economic Interests) filing duties; after debate, the commission voted 3-1 to affirm its original recommendation that the filing officer function be transferred from the City Clerk to the PEC.

Consent Calendar

• Virtual Meetings Resolution (Item 4): Unanimously approved (4-0) renewal of Resolution 22-01, finding that in-person meetings continue to pose imminent health risks from COVID-19 and authorizing teleconference meetings per AB 361.
• Meeting Minutes (Item 5): Approved the draft minutes from the October 12, 2022 regular meeting (4-0).
• 2023 Meeting Schedule (Item 6): Adopted a schedule of regular meetings on the second Wednesday of each month at 6:30 p.m. in Hearing Room 1, with teleconference if restrictions continue.

Public Comments & Testimony

• Open Forum: No public speakers.
• City Clerk's Reconsideration (Item 7): City Clerk Asha Reed and Assistant City Clerk Brittany Davis presented a memorandum and supplemental materials detailing staffing challenges, corrective actions (e.g., mandatory NeoGov field, citywide onboarding checks), and a request to retain Form 700 filing duties. Reed argued that the function logically belongs under the City Administrator's umbrella and that with adequate staffing and collaboration with the PEC, compliance can improve.
• Recruitment Subcommittee (Item 8b): Eight applications were received for two commissioner vacancies; seven candidates were invited for subcommittee interviews. No public comment.
• Election Results (Item 9): A public commenter criticized the handling of a complaint during the election period and urged creation of a formal policy.
• Administrative Hearing Training (Item 10): A public commenter stated that the training recording should have been included in the agenda packet as an agenda-related material, calling it an oversight.
• Transparency & Public Records (Item 11): A public commenter asserted that the PEC is not responding appropriately to public records requests and recommended outside training.

Discussion Items

• City Clerk's Reconsideration of Form 700 Transfer (Item 7): The commission heard presentations from City Clerk Reed, Acting Executive Director Suzanne Doran, and Deputy City Attorney Trish Shafie. Reed outlined the clerk's compliance plan: mandating the Form 700 field in NeoGov, adding Form 700 to citywide onboarding/offboarding checklists, and creating targeted training. Commissioners debated the merits of keeping duties with the clerk versus transferring to PEC. Commissioners Micik and Hill favored transfer for enforcement efficiency; Chair Perteet expressed concern about PEC capacity, especially with upcoming implementation of Measure W (democracy dollars), and proposed a two-year trial with performance review. After a straw poll showing division, a formal motion by Commissioner Micik to affirm the original recommendation to agree with the Grand Jury's recommendation (to transfer) passed 3-1, with Chair Perteet voting no. The commission thus maintained its position supporting transfer.
• Subcommittee Reports (Item 8): Outreach Subcommittee (Upton/Hill) postponed meetings until after recruitment. Recruitment Subcommittee (Micik/Hill/Upton) confirmed seven candidates will be interviewed, with finalists presented at the December meeting. Chair Perteet suggested creating an ad hoc subcommittee for Measure W implementation but deferred to December.
• Election Results (Item 9): Staff reported that measures W and X appeared to have passed; Measure W adds a democracy dollars program and Measure X involves setting salaries for the City Attorney and Auditor. Discussion was brief.
• Administrative Hearing Training Review (Item 10): Commissioners reviewed a recorded training on hearing procedures. Vice Chair Micik asked about criteria for selecting hearing panels; Acting Enforcement Chief Simon Russell explained factors include cost, complexity, and commissioner availability. Commissioner Hill asked about cross-examination; Russell clarified that questions must go through the hearing officer who exercises discretion on relevance. Commissioner Micik recommended all commissioners watch recordings of past hearings.
• Transparency & Public Records (Item 11): Scheduled for discussion but not extensively addressed; deferred to future meetings as requested by Commissioner Upton.
• Disclosure and Engagement (Item 12): Lead Analyst Doran noted the report was written; no additional comments.
• Enforcement Program (Item 13): Russell presented an updated case status report: 53 open cases (8 preliminary review, 22 investigation, 10 legal analysis, 11 seeking settlement, 2 administrative hearing). He introduced two new categories—"Seeking Settlement" and "Administrative Hearing"—replacing "Resolution Pending" for greater transparency. Also added a new "Legal Actions" subsection reporting court filings, including a petition to enforce a subpoena and contempt proceedings.
• Executive Director's Report (Item 14): Acting ED Doran announced that the new Administrative Analyst I position has been filled and the Enforcement Chief recruitment is close to finalizing an offer. She thanked staff for producing the Administrative Hearing training video, now posted on YouTube.
• Future Meeting Business (Item 15): Chair Perteet indicated the Measure W subcommittee creation will be revisited at the December meeting.

Key Outcomes

• Resolution 22-01 (Virtual Meetings) renewed 4-0.
• October 12, 2022 minutes approved 4-0.
• 2023 Meeting Schedule approved 4-0.
• Form 700 Transfer Recommendation affirmed 3-1: the commission will continue to recommend to the Alameda County Grand Jury and the City that filing officer duties be transferred from the City Clerk's Office to the PEC. The original draft response to the Grand Jury will stand. Chair Perteet pledged strong collaboration with the Clerk's Office in the interim and urged the commission to take concrete steps (charter/code amendment) rather than a passive recommendation.
• Commissioner Recruitment: Seven candidates will be interviewed by the subcommittee; finalists will be considered by the full commission in December.
• Enforcement Chief hiring is near completion; an offer is expected within days.
• Administrative Hearing training completed; recording available on PEC website and YouTube.
• The next regular meeting is scheduled for December 14, 2022.